Suresh Kumar v. State Of Haryana And Others

CRM-M-591-2024 (O&M) -12024:PHHC:035196

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-591-2024 (O&M) Date of Decision: 12.03.2024 SURESH KUMAR ......PETITIONER Vs.

STATE OF HARYANA AND OTHERS .........RESPONDENTS

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Satyawan Singh Nain, Advocate, for the petitioner.

***** HARPREET KAUR JEEWAN J. (ORAL) 1.

Prayer in the present petition is for quashing the order dated 04.08.2023 (Annexure P-1), passed by the Additional Principal Judge, Family Court, Yamuna Nagar at Jagadhri, whereby conditional warrant of arrest dated 09.08.2023 (Annexure P-2) has been issued against the petitioner, as per which, a sum of
1,81,500/- is due against the petitioner on account of arrears of maintenance w.e.f. 20.12.2013 to 25.09.2018. 2.

Counsel for the petitioner inter alia submits that the petitioner has already deposited a sum of
50,000/- by way of a demand draft, dated 17.02.2024 and the said demand draft has already been submitted before the Executing Court on 07.03.2024. A copy of the said demand draft has been supplied in Court today. The same is taken on record. 3.

Counsel for the petitioner further undertakes that he would clear the remaining arrears within a period of six months from today in six equal installments to be paid on or before 10th of each month. Nitin 2024.03.13 17:37 I attest to the accuracy and integrity of this document

CRM-M-591-2024 (O&M) -22024:PHHC:035196 4.

Keeping in view the above circumstances, issuance of notice to the respondents is disposed with.

5.

Keeping in view the above, especially, in view of the undertaking given by counsel for the petitioner in Court today, the present petition is disposed of with a direction that the impugned order 04.08.2023 (Annexure P-1) passed by the learned Additional Principal Judge, Family Court, Yamuna Nagar at Jagadhri would remain in abeyance till a period of six months from today and in case the petitioner does comply with the undertaking given in the Court today, the said impugned order would be inconsequential on clearing the arrears.

6.

However, in case the petitioner does not comply with the undertaking given in Court today, this order shall be deemed to have been vacated and proceedings be initiated against the petitioner, as per law. 7.

Pending miscellaneous application (s), if any, shall also stand disposed of.

March 12, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No Nitin 2024.03.13 17:37 I attest to the accuracy and integrity of this document