Jammu & Kashmir High Court
Anil Kumar Sharma vs Bindu Sharma And Another on 1 January, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No.36
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(Crl) No. 94/2024
CM No. 7638/2024
Anil Kumar Sharma .....Appellant(s)/Petitioner(s)
Through: Mr. Zulker Nain Sheikh, Advocate.
Vs
Bindu Sharma and another ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(01.01.2025)
1. Through dual jurisdiction mode under Article 226 of the
Constitution of India and section 528 of the Bhartiya Nagrik
Suraksha Sanhita (BNSS), 2023, the petitioner is coming forward to
assail an order dated 20.11.2024 passed by the court of Principal
Sessions Judge, Udhampur thereby dismissing a criminal revision
petition against an order dated 30.03.2024 passed by the Chief
Judicial Magistrate, Udhampur on file No. 929/2022/Execution
instituted by the respondents as being wife and daughter of the
petitioner.
2. By virtue of a Lok Adalat award dated 12.03.2022, the
matrimonial dispute between the petitioner and the respondent No.
1 purportedly came to be settled in terms whereof the respondent
No. 1-Bindu Sharma was to rejoin conjugal company of the
petitioner, the petitioner was to deposit an amount of Rs. 8,000/-
per month in the account of the respondent No. 1 and other host of
2 WP(Crl) No. 94/2024
conditions came to be incorporated in the said award so as to
ensure amicable run of matrimonial relationship between the
petitioner and the respondent No. 1.
3. Prior to passing of this Lok Adalat award, the court of Chief
Judicial Magistrate, Udhampur, in terms of order dated 15.01.2020,
had come to direct the petitioner to pay an amount of Rs. 5,000/-
per month to the respondent No. 1 and Rs. 3,000/- to the
respondent No. 2 till the disposal of the main maintenance
proceedings initiated by the respondents. The direction as given in
the order dated 15.01.2020 came to merge in the Lok Adalat award
dated 12.03.2022.
4. Purportedly claiming that there are arrears of maintenance in
their favour, the respondents came to take out an execution petition
on file No. 929/2022/Execution on 05.04.2022 before the Chief
Judicial Magistrate, Udhampur which resulted in passing of an
order dated 30.03.2024 which resulted in a direction for the DDO of
the petitioner to deduct an amount of Rs. 20,000/- per month
towards recovery of arrears amounting to Rs. 96,000/-.
5. Against this order, the criminal revision petition on file No.
04/2024 came to be instituted by the petitioner on 26.04.2024
before the Principal Sessions Judge, Udhampur which resulted in
passing of impugned order dated 20.11.2024.
3 WP(Crl) No. 94/2024
6. Learned counsel for the petitioner vehemently argues that
there are no arrears whatsoever against him which could have
warranted the indulgence in the manner as granted by the Chief
Judicial Magistrate, Udhampur and confirmed by the Principal
Sessions Judge, Udhampur and is, therefore, seeking the
indulgence of this Court to examine the record and set the
purported illegality to correction.
7. Given the fact that the respondent No. 1-Bindu Sharma and
respondent No. 2-Prakrti Sharma are non earning persons, as such,
for the petitioner to expect this Court to call upon them to appear in
the present litigation at the asking of the petitioner would be
compounding their financial hardship.
8. Therefore, this Court directs that subject to deposit of an
amount of Rs. 25,000/- as litigation expenses payable in favour of
the respondent No. 1 and also regular payment of maintenance
amount of Rs. 8,000/- per month without any miss by its deposit
before the court of learned Chief Judicial Magistrate, Udhampur on
1st February month till the pendency of this petition, the respondent
No. 1 be put to notice for appearance in the present case.
9. Deposit of Rs. 25,000/- to be made by the petitioner before the
Registrar Judicial, Jammu before the next date of hearing in the
case.
10. Issue notice to the respondent No. 1.
4 WP(Crl) No. 94/2024
11. Petitioner to furnish registered postal cover for the service of
the respondent No. 1, whereupon the Registrar Judicial, Jammu to
issue notice to the respondent No. 1.
12. List on 11.02.2025.
13. In light of this indulgence, operation of the impugned order to
remain stayed till next date of hearing.
14. In the event of default on the part of the petitioner to deposit of
Rs. 25,000/- as litigation expenses before the next date of hearing,
interim direction shall not be extendable further.
(RAHUL BHARTI)
JUDGE
JAMMU
01.01.2025
Shivalee
Shivalee Khajuria
13:53
2025.01.21 14:45
I attest to the accuracy and
integrity of this document
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