- (1.) This Court on 13th June, 2012 had passed the following order: Srimati Mahato was married with Manohor Mahato who had expired about 10 years ago. From the marriage a physically challenged daughter was born. Srimati Mahato instituted a petition under Section 12 of the Protection of Women from Domestic Violence Act wherein she averred that she was facing great hardship in the matrimonial home after the premature death of her husband. It was further alleged that the petitioner 1, father-in-law, being Karta of the family and petitioner Nos. 2 and 3 being brothers of the deceased husband have not only refused to maintain her but have neglected her and the daughter. She sought relief under Sections 18, 19 and 20 of the PWDV Act, 2005. Court of the Judicial Magistrate, 1st Class, 2nd Court, Purulia, in Miscellaneous case No. 58 of 2010 awarded maintenance of Rs. 1,000 each to the wife and the daughter. Thus total maintenance of Rs. 2,000 was awarded. Ex parte order of maintenance passed by the Court below was challenged in criminal revision No. 3506 of 2010 in this Court. The above revision petition was dismissed as withdrawn by this Court on 23rd of November, 2011, by holding that ex parte order passed by the Magistrate is appealable and the petitioners herein ought to have preferred an appeal. Concluding portion of the above said revision read as under: In view of above direction, this revisional application stands dismissed as withdrawn with a direction 2 on the petitioner to pay cost of Rs. 1,000 (one thousand) to the opposite party No. 1 and that will be a condition precedent for preferring the appeal. The appellate Court in art appeal upheld the ex parte order dated 21st of May, 2010 passed by the Magistrate. In the present petition a grievance has been made that no opportunity was afforded to the petitioners to defend themselves and ex parte order cannot be sustained on the facts and law of the case. It is further prayed that by way of interim relief execution of the orders be stayed as properties of the petitioners have been attached and are likely to be auctioned shortly. Issue notice to the opposite parties returnable for 27th of July, 2012. Supplementary affidavit filed by the petitioners be kept with the record. Land belonging to the husband of the opposite party No. 1 aggrieved wife is in possession of the petitioners and they are cultivating the same. In these circumstances, payment of the maintenance amount awarded cannot be stayed. Let the petitioners by way of interim arrangement deposit entire arrears of maintenance in the Court below, who shall keep the amount so deposited in Fixed Deposit Account with the nationalized bank in the name of the opposite party No. 1 till decision of this revision petition. Upon deposit of the amount the execution proceedings shall be kept in abeyance till next date of hearing. Learned Counsel for the petitioner has very fairly stated that in compliance with the above order, entire arrears of maintenance as assessed by the Court below had been paid and kept in Fixed Deposit Receipt in the name of opposite party No. 1.
(2.) After hearing the learned Counsel for the parties, the present petition is disposed of with the following directions: (a) that petitioner shall deposit the remaining amount of 3 arrears, which have accrued till 31st March, 2013, in the Court below on or before 1st April, 2013 along with interest; (b) that on deposit of the amount of arrears, the Court below shall decide the application filed by the opposite party, wife, for granting of maintenance afresh as earlier application was decided ex parte; (c) that since the ex parte order has been stayed, the application shall be decided by the Court below within three months commencing from 1st April, 2013; (d) that in case it is held by the Court below that opposite party, wife, is entitled to maintenance, the amount kept in F.D. Receipt and deposited with the Court below shall be released to the opposite party, wife. Photostat certified copy of this order, if applied for, be supplied on priority basis.;