Meghalaya High Court
Crl.Petn./14/2024 of EMMON MARAP,MPS Vs RIYAN TARIANG on 12 September 2024
List HIGH COURT OF MEGHALAYA AT SHILLONG Crl. Petn. No. 14 of 2024 Date of Order: 12.09.2024 ____________________________________________________________ Shri. Emmon Marap, MPS. Vs. Smt. Riyan Tariang, R.O: Jingkieng, S/o Lt. S. Hadia. P.O. and P.S. Laitumukhrah, R/o Mawblei, Dist: East
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Serial No.13 Regular List
HIGH COURT OF MEGHALAYAAT SHILLONG
Crl. Petn. No. 14 of 2024
Date of Order: 12.09.2024
____________________________________________________________
Shri. Emmon Marap, MPS. Vs. Smt. Riyan Tariang, R.O: Jingkieng,S/o Lt. S. Hadia.P.O. and P.S. Laitumukhrah,R/o Mawblei, Dist: East Khasi Hills District,Shillong. P.O. and P.S. Madanriting,Pin- 793003.East Khasi Hills District,Pin- 793021.
….Petitioner.
….Respondent.
Coram:
Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:
For the Petitioner/Appellant(s) : Mr. P. K. Borah, Adv. For the Respondent(s)
: Mr. N. I. Choudhury, Adv.
ORAL:-
This is an application under Section 482 Cr.P.C. against theimpugned order dated 22.11.2023 passed by the Magistrate First Class,Sub-ordinate District Council Court in Interim Misc. Maint No. 80 of 2023arising out of M.C.R. No. 83 of 2023 whereby an ex-parte order ofmaintenance was passed against the petitioner directing him to pay monthlyinterim maintenance to the respondent and her two children.
Heard Mr. P. K. Borah, learned Counsel appearing for the petitioneralso Mr. N. I. Choudhury, learned Counsel appearing for the contestingrespondent.
Perusal of the materials on record reveals that the petitioner withoutfiling any show-cause against the application for interim maintenance hasdirectly approached this Court seeking interference with the impugnedorder despite the fact that by order dated 22.11.2023, the learned TrialCourt had directed the petitioner to show-cause as to why the order ofinterim maintenance should not be made absolute. It is submitted by thelearned Counsel for the petitioner that the petitioner was not in a position tofile a show-cause in the matter as he has come to receive the copy of thepetition almost after 6 (six) months of the date of passing of the order.However, the learned Counsel submitted that a show-cause has been filedin M.C.R. No. 83 of 2023 by the petitioner after institution of the presentmatter before this Court.
The learned Counsels for the parties submit that the ex-parte interimorder of maintenance has not been made absolute till date. Since, the orderdated 22.11.2023 is an ex-parte order granting interim maintenance infavour of the respondent, it is clear that the Trial Court has not taken anyfinal decision in this regard and the question is still open for adjudicationbefore the Trial Court.
In the above situation, without going into the merits of the matter, itis deemed appropriate at this juncture to direct the petitioner to file hisshow-cause in the Interim Misc. Maint No. 80 of 2023 before the TrialCourt against the prayer for interim maintenance. The learned Counsel forthe petitioner submits that the petitioner will file his show-cause against theinterim prayer within a period of one week from today. It is, therefore,directed that in the event of filing of any such show-cause by the petitioneragainst the prayer of the respondent for grant of interim maintenance, the
Trial Court shall take up the issue and decide the same within a period ofone month thereafter.
With the aforesaid direction, this Crl. Petn. No.14 of 2024 standsdisposed of.
Judge
Meghalaya12.09.2024“Biswarup PS”