Court No. - 74

Case :- APPLICATION U/S 482 No. - 15338 of 2020

Applicant :- Ishrat Ali

Opposite Party :- Ishrat Jahan And 3 Others

Counsel for Applicant :- Ashwini Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble J.J. Munir,J.

The petitioner seeks to quash the proceedings of Case No. 316 of 2019, Ishrat

Jahan vs. Ishrat Ali. These proceedings have been brought to enforce an ex parte

maintenance order dated 05.11.2019 passed in Case No. 44/11 of 2018, Smt.

Ishrat Jahan vs. Ishrat Ali, under Section 125 Cr.P.C. By that order, the Trial

Judge had ordered the applicant to pay maintenance to his wife in the sum of Rs.

7000/- per mensem from the date of application and to his two children in the

sum of Rs. 2500/- each per month, also from the date of application. The

applicant has filed an application dated 09.03.2020, praying that the proceedings

for recovery under Section 128 Cr.P.C. based on the ex parte maintenance order,

be stayed. This application, which does not include a substantive prayer to set

aside the ex parte order, is ex facie misconceived.

Stay of recovery can be sought pending an application to set aside an ex parte

order of maintenance. That application can