SUDHANSU SEKHAR JENA Vs. KALPANA PARIDA

JUDGEMENT

(1.) Instant petition under Sec. 482 Cr.P.C. is filed by the petitioner assailing the impugned order dtd. 22/7/2022 passed in Criminal Execution No.27 of 2020 passed by the learned Judge, Family Court, Bhubaneswar arising out of CRP No.83 of 2013 pending disposal of CMC Nos.8 of 2019 and 01 of 2021 corresponding to Criminal Execution Nos.27 of 2020 and 51 of 2022 respectively on the grounds stated inter alia that issuance and execution of NBWA towards recovery and realization of arrear maintenance is unjustified and untenable in law and hence the same is liable to be interferred with and set aside with a consequential direction to consider and dispose of applications filed under Sec. 126(2) Cr.P.C. as the maintenance directed and payable to the opposite parties was allowed ex-parte.

(2.) While dealing with the execution proceeding, the learned Family Court vide the impugned order 22/7/2022 in Criminal Execution No.27 of 2020 denying recall of DW moved by the petitioner and since the arrear dues was not paid to the opposite parties despite opportunities provided, issued NBWA against him. Being aggrieved by the said order, the petitioner approached this Court on the ground that such execution could not have been directed during the pendency of the application under Sec. 126(2) Cr.P.C. and hence, the coercive action for realization of maintenance allowed ex-parte is bad in law.

(3.) Heard Mr. Routray, learned counsel for the petitioner and Mr. Dash, learned counsel for the opposite parties.