Shantanu Kumar Kasta, S/o Bhawani Kasta v. State of Jharkhand
2017-07-11
RONGON MUKHOPADHYAY
body2017
DigiLaw.ai
JUDGMENT : 1. Heard Mrs. M.M. Pal, learned senior counsel for the petitioner and Mr. Shailendra Kumar Tiwari, learned A.P.P. for the State. 2. Although the petitioner has challenged the order dated 22.02.2017 passed by the learned Additional Principal Judge, Additional Family court, Jamshedpur in Misc. Case No. 45 of 2014 in which an order of interim maintenance has been passed against the petitioner but the learned senior counsel for the petitioner is confining her argument only with respect to the amount to be deposited towards the arrears of maintenance as has been ordered. 3. Learned senior counsel for the petitioner submits that an amount of Rs. 96,000/- has been calculated to be the arrears of maintenance which has been ordered to be paid in two equal monthly installments but since the petitioner was jobless some flexibility be made in depositing of the said amount by directing the petitioner to deposit the amount in four equal monthly installments. Learned senior counsel for the petitioner submits that the petitioner is at the present moment in a job and he is in a position to deposit the arrear amount in four equal monthly installments. It has also been submitted by the learned senior counsel for the petitioner that the amount of interim maintenance per month is being regularly deposited for two months and the rest amount shall be regularly deposited before the learned court below. 4. In view of the submission advanced by the learned counsel for the petitioner and considering the financial condition of the petitioner the order dated 22.02.2017 passed by the learned Additional Principal Judge, Additional Family court, Jamshedpur in Misc. Case No. 45 of 2014 is modified to the extent that the arrears of interim monthly maintenance from February, 2015 to January, 2017 amounting of Rs. 96,000/- shall be deposited by the petitioner in four equal monthly installments in four succeeding months starting from this month itself. It goes without saying that the rest amount of monthly maintenance which the petitioner is required to pay shall also be deposited in this month itself and he shall go on depositing the monthly maintenance in terms of the direction passed in the order dated 22.02.2017. 5. This application is disposed of by modifying the order dated 22.02.2017 passed by the learned Additional Principal Judge, Additional Family court, Jamshedpur in Misc. Case No. 45 of 2014.