JUDGMENT ALI NAWAZ CHOWHAN, J.- The petitioner in this case and respondent No. 2 were husband and wife. After the marriage, respondents Nos. 3 to 6 were bom and are alive and are still in custody of the mother (respondent No. 2). It was said that respondent No. 2 deserted the house of the petitioner and started^ living with her parents.
2. Respondent No. 2 then filed a suit for recovery of maintenance for herself and for her children and the suit was decreed allowing maintenance to respondents Nos. 3 to 6 at the rate of Rs. 350/- per month and to respondent No. 2 Rs. 600/- per month with effect from November, 1992. The judgment came on 15,11.1995.
3. When efforts for execution of the decree failed, the petitioner was sent to the civil prison and later he was released on bail. But when further opportunity was given to him which proved futile, the orders were passed for cancellation of his bail and arrest; That he approached this Court on 10.8.2001 and he was allowed interim bail subject to his furnishing bail bond in the sum of Rs.
50,000/- with a surety.
4. The order granting bail was in the background of the compromise made before this Court that if released on bail, he shall be discharging his liability under the decree.
5. At that stage, he was expecting the release of his G. P. Fund. After over a year, when this matter is still remain pending, this Court has been informed by his learned counsel that he will be getting his G.P. Fund shortly which he shall be depositing before the executing Court. That further he shall be paying his debts under the decree in instalments as he cannot pay the same in lump sum.
6. Regarding his prayer that the decretal amount be received through instalments, he may repeat this prayer before the Executing Court, who may view it pragmatically and keeping in view the economic condition of the petitioner. However, as the petitioner has undertaken to pay the gratuity amount which he will receive within a period of six weeks from today, it will be proper to extend his interim bail until 14th of December, 2002. If he makes his part payment, he shall earn the sympathy of the executing Court for extending to him such concession for discharging of his liabilities as are proper. But if he fails, then he shall be at the mercy of the executing Court, as this order extending his interim bail shall abate.
7. Copy of this order be sent to the Learned Executing Court for information.
8. With these observations, the writ petition is disposed of.