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2021 Supreme(Chh) 155

SANJAY K.AGRAWAL
Jagdamba Trivedi S/o Shri Devideen Trivedi – Appellant
Versus
Neha Trivedi W/o Shri Jagdamba Trivedi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sangharsh Pandey, Advocate

JUDGMENT :

1. The petitioner herein has called in question the legality, validity and correctness of the order dated 09/05/2019 (Annexure A/1) passed by the Family Court, Bilaspur in MJC No. 43/2019 by which non-bailable warrant of arrest has been issued against him for non-payment of the arrears of maintenance amount Rs.38,000/- awarded against him as well as the exparte order dated 22/11/2018 (Annexure A/2) passed by the Family Court in MJC No. 06/2018 granting maintenance to the tune of Rs.7,000/- per month in favour of the respondent/his wife.

2. It is the case of the petitioner that MJC No. 43/2019 was filed under Section 125(3) of the CrPC in which the petitioner herein appeared on 25/03/2019 and deposited an amount of Rs.4,000/- and thereafter, the matter was adjourned on 18/04/2019 and again it was adjourned for 09/05/2019. Since, on that day, the petitioner was absent, the respondent herein made a request before the Family Court for issuance of warrant of arrest against the petitioner herein and ultimately, by the impugned order dated 09/05/2019 non-bailable warrant of arrest was issued against the petitioner which is without jurisdiction and without authority of law.

3. Mr.

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