BUP SINGH Vs. BHARPUR KAUR

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1972 (hereinafter referred to as 'the Code') relates to quashment of orders passed by the Courts below. Annexure P.1 and P.2, whereby, maintenance at the rate of Rs. 250 per month under Sec. 125 of the Code has been granted to the respondent from the date of the application.

(2.) Learned counsel appearing on behalf of the petitioner frankly conceded that the orders passed against the petitioner do not suffer from any legal infirmity, and, there is no case on merits. It was further prayed on behalf of the petitioner that he is ready to pay entire amount of arrears upto-date in two equal instalments, in case the petitioner is directed to be released from the civil prison. According to him, the petitioner would deposit one-half of the arrears for payment to the wife within one month from today, and, the remaining one half he would pay on or before 1st April, 1990.

(3.) The request seems to be genuine. In the interest of justice, the petitioner is directed to be released from the civil prison forth with. In case he deposits one-half of the amount of the arrears due within one month from the date of his release in the executing court and, the remaining half of the arrears by 1st April, 1990, upto date the Executing Court would not proceed against him. In case the petitioner fails to comply with this order, there would be no legal bar for the Executing Court to secure the presence of the petitioner, and, send him again to the Civil Prison. Petition allowed.