High Court of Punjab and HaryanaCR/663/2016disposed of

Jagtar v. Harjinder Kaur

2016-12-19Mr. Justice Arun Monga2 pages

C.R. No.663 of 2016 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.663 of 2016 Date of Decision.19.12.2016 Jagtar son of Karam Singh .......Petitioner Vs Harjinder Kaur ........Respondent

Present:

Mr. Rishu Mahajan, Advocate for the petitioner.

None for the respondent.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) The counsel for the petitioner submits that the Additional Chief Judicial Magistrate vide order dated 01.04.2015 granted maintenance @`2,000/- to the wife and `1500/- to the minor child in the proceedings under Section 125 Cr.P.C. whereas in the proceedings initiated under Section 24 of the Hindu Marriage Act, maintenance @`2500/- per month has been awarded vide order dated 18.08.2015. This Court had issued notice of motion on 01.02.2016. As per the office report, service has been effected but there is no representation. I am of the view that the husband had not been diligent enough to bring to the notice of the Court below about the proceedings initiated under Section 125 Cr.P.C regarding awarding of ad interim maintenance to the tune of `3500/- per month so that the Court below could have ordered adjustment of the same.

In fact, the maintenance pendent lite given in proceedings initiated under Section 125 Cr.P.C is more than the one granted in the PANKAJ KUMAR 2016.12.30 12:07 I attest to the accuracy and integrity of this document

C.R. No.663 of 2016 -2proceedings under the Hindu Marriage Act. Since this aspect was not brought to the notice of the court below, therefore, the order aforementioned came to be passed. It would be a farcical exercise in remanding back the matter to the Court as it would indulge into protraction of the litigation and taking away the focus from the pendency of the main case. The order under challenge i.e. order dated 18.08.2015 shall come into operation only in case the order passed in the proceedings initiated under Section 125 Cr.P.C is either stayed or comes to an end. Equally so, if the proceedings under Section 125 Cr.P.C are culminated, prior to the disposal of the divorce petition.

Therefore, till then the order granting interim maintenance in the application moved under Section 24 of the Hindu Marriage Act in the petition filed under Section 9 of the Hindu Marriage Act shall remain stayed, in essence, the petitioner shall pay the maintenance @`3500/- per month as granted vide order dated 01.04.2015. With the aforementioned observations, the revision petition stands disposed of.

(AMIT RAWAL) JUDGE December 19, 2016 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2016.12.30 12:07 I attest to the accuracy and integrity of this document