Respite for hubby who was asked to pay Rs 2L to wife

 May 23, 2010

NAGPUR: The Nagpur bench of Bombay high court has quashed an order of additional sessions judge asking a man to deposit Rs 2 lakh in the court for granting a stay on the trial court order that asked him to pay an equal amount to his wife as compensation.

A single-judge bench of justice Arun Choudhari quashed the order passed by the additional sessions judge on February 18 in a criminal appeal ruling that it was 'clearly faulty and cannot be called a judicial order'.

The high court found the sessions judge's order of asking the hubby to deposit Rs 2 lakh as his wife had demanded Rs 4 lakh as compensation 'surprising'.

"The trial court jumped to the conclusion without discussing anything or giving any reason or analysing anything in respect of the materials on record," justice Choudhari said.

The high court judge also observed that the appellate court while making the order failed to pay attention to this aspect of the matter and just mechanically directed the petitioner to deposit Rs 2 lakh by way of a condition to grant stay.

"At any rate, since the petitioner is bound to pay Rs 5,000 per month towards maintenance, there is no need to make an order of a compensation of Rs 2 lakh even by way of an interim measure," justice Choudhari mentioned.

He however made it clear that the petitioner will have to clear all arrears within three months from the date of the high court's order as a pre-condition for hearing of the appeal before the district judge.

During arguments, the wife's counsel vehemently opposed the petition and argued that there is nothing wrong on the part of the appellate court in asking the hubby to deposit Rs 2 lakh and at any rate no prejudice could be caused to him.

The high court ordered that the proceedings of criminal appeal will be decided by the appellate court as expeditiously as possible and it shall be ensured that the petitioner is not in arrears of maintenance till the date of hearing of the appeal.