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R. K. PATTANAIK
Sudhansu Sekhar Jena – Appellant
Versus
Kalpana Parida – Respondent
Key Points: - The application under Section 126(2) Cr.P.C. was disposed of and confirmed by the court (!) (!) . - The petitioner had opportunities to participate in the proceedings but failed to do so (!) (!) . - The final order of maintenance must be honored, and execution proceedings cannot be interfered with (!) (!) .
JUDGMENT
R.K. Pattanaik, J. - Instant petition under Section 482 Cr.P.C. is filed by the petitioner assailing the impugned order dated 22nd July, 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 Section 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 22nd July, 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 approa
The final order of maintenance must be honored, and failure to participate in the proceedings can lead to the enforcement of execution proceedings for the realization of dues.
Section 125 Cr.P.C. embodies a commitment to social justice by offering a safety net against destitution and the hardships of being without a stable living situation.
Limitation - Recovery of arrear maintenance - When main petition claiming arrear was pending and kept alive, filing of subsequent petition was only to specify exact amount accrued due upto date. Such....
A husband's imprisonment for non-payment does not absolve his obligation to pay maintenance; ongoing enforcement is essential to protect the recipient's welfare.
Maintenance proceedings under Section 125 CrPC are welfare-oriented, allowing both parties to present their case in Family Court despite allegations that may affect entitlement.
The court established that enforcement of maintenance orders under Section 125 Cr.P.C. must be pursued through Section 128 Cr.P.C., as the latter provides the appropriate legal framework for such enf....
The court emphasized the need for timely justice in maintenance cases and condemned the misuse of legal procedures to delay rightful maintenance payments.
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