21.07.2026 Serial no. 12 [Srimanta] Ct. No. - 29 CRR 2533 of 2026 AVIJIT GHOSH -VS- STATE OF WEST BENGAL & ANR. Mr. Dilip Kumar Shyamal, Advocate … … For the Petitioner. 1. The petitioner married to the opposite party no. 2 and they are blessed with a male baby. It is submitted that opposite party no. 2 left the matrimonial home voluntarily and at present staying at her paternal home. In the year 2016, she filed an application seeking maintenance and by an order dated 30th June, 2016, the learned Court below was pleased to pass an interim order directing the petitioner to pay maintenance of Rs.8,000/- per month to the opposite party no. 2 herein. 2. In order to realize the arrear maintenance amount the opposite party herein initiated the present execution case being M. Execution Case No. 49/2017 and as per direction of the Execution Court the petitioner is continuing in making payment of the maintenance of Rs.8,000/- per month and also making payment of the arrear amount. However, as the petitioner herein/husband has undergone a bypass surgery, he could not arrange the fund and as such prayed for time before the Court below for making payment of arrear amount of Rs.30,000/-. However, the Executing 2 Court by the impugned order dated 9th June, 2026 rejected the prayer and issued warrant of arrest against him fixing 27th July, 2026 for execution report. 3. Being aggrieved by that order, learned Counsel for the petitioner made an innocuous prayer that he is willing to pay the said arrear amount of Rs.30,000/- by three monthly installments within a period of 90 days, the first of which would be paid within a period of 30 days from this date. 4. Having heard learned Counsel for the petitioner and that the prayer made by the petitioner is innocuous, it is required to be allowed to secure the ends of justice. 5. In view of above, the instant application being CRR/2533/2026 is hereby disposed of with a direction upon the petitioner to pay the arrear amount of Rs.30,000/- in three installments, the first of which would be paid within 30 days and the other two installments shall be paid within a period of 90 days from this date. 6. The impugned order dated 09.06.2026 by which the Court below had issued warrant of arrest against the opposite party shall remain stayed for a period of 90 days. In the event of non-payment of the said amount as mentioned above, the stay shall automatically be vacated after the expiry of 90 days. (Dr. Ajoy Kumar Mukherjee, J.)