Preetam Tandon v. Smt. Nisha Tandon

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 536 of 2015 Preetam Tandon S/o. Shiv Prasad Tandon Aged About 29 years R/o. Hemunagar, P.O. & Tehsil - Bilaspur, P.S. Torwa, Revenue & Civil DistrictBilaspur (Chhattisgarh) ---- Petitioner

Versus

1. Smt. Nisha Tandon W/o. Preetam Tandon Aged About 23 Years, R/o. Nawaganj Ward, Kalyan Sagar Road, P.S. & Tahsil - Bhatapara, Revenue & Civil District - Baloda Bazar (Chhattisgarh)

2. Kumari Lekhyanshi, D/o. Preetam Tandon Aged About 2 Years As The Respondent No. 2 is a minor Girl And is represented By Her Natural Guardian (Mother) I.e. Smt. Nisha Tandon., R/o. Nawaganj Ward, Kalyan Sagar Road, P.S. & Tahsil - Bhatapara, Revenue & Civil District - Baloda Bazar (Chhattisgarh) ---- Respondents For Petitioner - Shri Surfaraj Khan, Advocate Order On Board 20/07/2015 Heard.

1. Learned counsel for the petitioner submits that after the order for grant of maintenance was passed by the Family Court, the petitioner has paid a substantial amount of approximately Rs.15,000/- by now. He submits that for certain period, the wife of the applicant resided with him and in respect of that period, the amount of maintenance was not payable by the petitioner. He submits that the Court below may be directed to consider this particular aspect of the matter before initiating any coercive steps towards recovery of the amount.

2. Considering the submission, it is directed that before initiating coercive steps against the petitioner, the Family Court shall consider this particular aspect of the

matter and if necessary, appropriate adjustment may be made while making recovery against the petitioner.

3. With the aforesaid observations, the petition is disposed off. Sd/- Manindra Mohan Shrivastava J U D G E Rekha