17.08.2026 Sl. No.25. D/L. Mithun. Ct.No.29. CRR/2982/2026 Ajay Harisingh Chhajer Vs. Surbhi Chhajer & Ors. Mr. Sabir Ahmed, Mr. Sunil Gupta, Mr. Samir Chowdhury, Mr. Ayan Bhattacharya …for the petitioner Petitioner herein is aggrieved with the order dated 01.06.2026 passed by learned Principal Judge, Family Court-1, Calcutta by which the Court below had issued warrant of arrest against the present petitioner for non-payment of the arrear amount of maintenance in Execution No.33 of 2024. Being aggrieved by the aforesaid order, learned Counsel for the petitioner submits that the opposite party/wife filed an application seeking maintenance for herself and her three children and the Court below by an order dated 17.12.2015 awarded interim maintenance of Rs. 8,000/- each to all of them totaling to Rs.32,000/- per month. Thereafter, by an order dated 30th April, 2024, the Court below disposed of the petitioner’s maintenance application filed under Section 125 Cr.P.C. ex parte granting maintenance to the wife to the tune of Rs.40,000/- per month and Rs.10,000/- per month to the elder daughter and Rs.20,000/- per month to the younger daughter. The petitioner herein filed an application under Section 126(2) of the Cr.P.C. corresponding to 145(2) of the BNSS being Misc. Case No.44 of 2024 for setting aside said ex-parte order and contended that at the time of filing of the application, both the daughters had attained majority 2 and for which they are not entitled to get any amount of maintenance. Said application filed under Section 126(2) of the Cr.P.C. is still kept pending by the Trial Court. However, while dealing with the execution proceeding, the Court below had passed the impugned order thereby issuing warrant of arrest against the petitioner herein for non-payment of the arrear maintenance amount. Being aggrieved by the aforesaid order, learned Counsel for the petitioner submits that the Court below has acted with the material irregularities in proceeding with the execution case, issuing distress warrant and eventually passing an order for issuance of warrant of arrest notwithstanding an application challenging the order dated 30th April, 2024 is pending in a separate proceeding being Misc. Case No.44 of 2024. Learned Court below failed to appreciate that the proceeding under Section 126(2) of Cr.P.C. ought to have been decided prior to dealing with the said application pertaining to the execution proceeding. He ought to have observed that once an application under Section 126(2) is filed, the order granting maintenance becomes otiose and no execution proceeding could have been continued without disposing the petitioner’s application under Section 126(2) of the Cr.P.C. Therefore, he prayed for setting aside the impugned order by which the Court below had issued warrant of arrest against the petitioner. Having heard learned Counsel for the petitioner, the application is admitted. Petitioner is directed to serve a copy of application upon the opposite party through speed post intimating next date of hearing and to file affidavit of service on the returnable date. Let the matter be listed in the monthly list of October, 2026. Learned Counsel for the petitioner also prays for interim relief. 3 Having heard learned Counsel for the petitioner, the instant application being CRR 2982 of 2026 is hereby disposed of with a direction upon the Court below to dispose of the petitioner’s Misc. Case being No.44 of 2024 under Section 126(2) of the Cr.P.C. within a period of 60 days. The impugned order by which the Court below had issued warrant of arrest against the present petitioner vide order dated 01.06.2026 shall remain stayed for a period of two months or till disposal of the Misc. Case No.44 of 2024 whichever is later. However, the petitioner herein shall go on paying an amount of Rs.32,000/- to the wife/opposite party in the meantime till further order passed by court below and such payment shall be made without prejudice to the rights of the parties. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )