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Jharkhand High Court · body

2008 DIGILAW 68 (JHR)

Badri Goswami v. State of Jharkhand

2008-01-28

D.K.SINHA

body2008
Order I.A. No. 331 of 2004 The present interlocutory application has been filed on behalf of the petitioner with the prayer for grant of stay in Cr. Exe. Case No. 75 of 2003 arising out of M. P. Case No. 29 of 2003. 2. Mr. Sanjay Kumar Sinha. learned counsel for the petitioners submitted that the said prayer has become infructuous on the ground that Cr. Exe. Case No. 75 of 2003 has been dropped against the petitioner by order dated 12.4.2004 as the maintenance amount awarded by the court below has been given to the opposite party No. 2 till that date. In support of that certified copy of the order dated 12.4.2004 passed by the Principal Judge, Family Court, Dhanbad has been produced and kept it on the record. 3. In view of the submission made by the learned counsel for the petitioner. the I.A No. 331 of 2004 is dismissed as infructuous. I.A. No. 615 of 2007 4. The present interlocutory application has been filed on behalf of the opposite party NO.2 praying therein for direction to the petitioner to pay current maintenance amount as well as arrears to the opposite party NO.2 during the pendency of this Cr. Revision application. 5. The learned counsel submitted that after the final order was passed on 12.4.2004 in Exe. Case No. 75 of 2003.posite party No. 2 received only Rs.20,200/- till 24.11.2006 as maintenance amount as well as arrears in piece meal as against Rs. 66.000/- and odds. Therefore, appropriate direction may be given to the petitioner for payment of maintenance amount regularly as awarded in a proceeding under section 125 Cr. P.C. 6. The learned counsel for the petitioner submitted that he has no instruction from his client for the last three years. Hence he seeks adjournment for three weeks. Prayer is allowed with direction to the petitioner to continue 011 paying maintenance amount regularly along-with arrears to opposite party No. 2 and affidavit must be filed on behalf of the petitioner in support thereof as to how much amount he has paid so far since the date of final order passed in Exe. Case No. 75 of 2003 on 12.4.2004. 7. The I.A. No. 615 of 2007 stands disposed of. Cr. Rev. No. 926 of 2003 8. Put up this case on 25.2.2008 under heading for hearing as the first case.