High Court of Punjab and HaryanaCRM-M/9575/2023disposed of

Reema Kharbanda v. Pallav Gupta

2023-02-23Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-9575-2023 Date of Decision : 23.02.2023 Reema Kharbanda ......... Petitioner

Versus

Pallav Gupta ......... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Rishu Mahajan, Advocate for the petitioner.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 482 Cr.P.c. is seeking quashing of order dated 10.01.2023 (Annexure P-6) whereby Additional Sessions Judge, Amritsar has stayed order dated 03.01.2023 (Annexure P-4) passed by JMIC, Amritsar. Learned counsel for the petitioner, at the outset, submits that the Appellate Court has stayed the operation of order whereby interim maintenance was granted and next date before the trial Court is 22.03.2023. The impugned order has deprived the appellant from right of maintenance. He further prays that the Appellate Court may be directed to dispose of the appeal.

From the perusal of the impugned order, it comes out that the Appellate Court has issued notice in the appeal filed by the respondent herein. The Appellate Court has further stayed the operation of impugned order dated 03.01.2023 whereby JMIC, Amritsar has granted interim maintenance to the petitioner herein. The Appellate Court has not passed any final order and vide impugned order, notice has been issued and the ANJU GOEL 2023.02.23 18:50 I attest to the accuracy and integrity of this document

CRM-M-9575-2023 -2operation of impugned order has been stayed. The petitioner has been awarded interim maintenance and no doubt, stay is going to substantially effect the petitioner, however, this Court does not find it appropriate to set aside impugned order, at this stage.

Keeping in mind facts and circumstances, the Appellate Court is requested to expedite the disposal of appeal and preferably adjudicate within 04 months from today.

This order may not be treated as expression of any opinion of this Court and the Appellate Court shall decide the appeal without being influenced by observations of this Court.

Disposed of.

( JAGMOHAN BANSAL ) JUDGE 23.02.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.02.23 18:50 I attest to the accuracy and integrity of this document