IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 713 of 2009 Deepak Kumar … Applicant/ Petitioner Vs Smt. Geeta Devi … Opposite party Hon’ble B.C. Kandpal, ACJ Heard Ms. Prabha Noliyal, learned counsel for the petitioner and perused the record. 2. This petition under Section 482 Cr.P.C. has been filed by the petitioner – Deepak Kumar who is the husband of respondent – Smt. Geeta Devi for setting aside the order dated 22.08.2009 as well as against the order passed by the learned Judicial Magistrate issuing the direction to Tehsildar for recovery of the arrears from him and in case of non-payment of the recovery by the petitioner, he shall be taken into custody. 3. Perusal of the order dated 22.08.2009 shows that the petitioner had been personally served the notice on 23.06.2005, but in spite of this he did not take any steps for placing his submission before the court below. 4. Under these circumstances, there was no option left with the learned Magistrate concerned except to pass the ex- parte order against the petitioner and I do not find any infirmity in the impugned order dated 22.08.2009 passed by the learned Magistrate thereby dismissing the application filed by the petitioner for setting aside the ex-party order dated 01.08.2005. 2 5. The order dated 22.08.2009 passed by the Magistrate shows that the petitioner has to pay a sum of Rs. 26,850/- as arrears to the respondent and apart of the aforesaid amount, the petitioner has to pay a sum of Rs. 700/- per month regularly to the respondent – Smt. Geeta Devi. 6. As I do not find any abuse of process of court in the impugned order, therefore, the petition is dismissed on the ground of lack of merits. 7. However, the arrest of the petitioner shall be stayed subject to the condition that the petitioner shall pay the arrear amounting to Rs. 26,850/- in three equal installments. First installment shall be paid by 26th October, 2009 and thereafter remaining other installments shall be paid by 26th November, 2009 and 26th December, 2009 respectively. Apart of the amount of arrear to be paid by the petitioner in the mode indicated above, the petitioner shall also continue to pay a sum of Rs. 700/- per month as maintenance allowance to the respondent – Smt. Geeta Devi regularly by 5th of every month. 8. In case, the petitioner fails to comply the condition imposed by this Court, it shall be open to the learned Magistrate to pass the order against the petitioner for taking him into custody. (B.C. Kandpal, ACJ) 22.09.2009 ASWAL