Richa Garg v. Gautam Gupta

Crl. Misc. No. M-22850 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-22850 of 2018 Date of Decision: 25.5.2018 Richa Garg ......Petitioner

Versus

Gautam Gupta .....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. H.P.S.Ghuman, Advocate for the petitioner.

**** ANITA CHAUDHRY, J (ORAL) The petition has been filed by the petitioner seeking directions to the Executing Court to take effective steps to recover the maintenance amount and directions to the respondent.

Learned counsel submits that the arrears are running in lacs and no effective steps are taken by the Executing Court below to recover the arrears of maintenance amount. He submits that the Executing Court be directed to ask the respondent to deposit the maintenance amount directly in the account of the petitioner wife. He has relied upon Gayasuddin Khan @ Gyasuddin Khan versus State of Orissa 2011(7) R.C.R. (Criminal) 1360 and Ranjeet Khanuja versus Harmeet Kaur 2018(17) R.C.R. (Criminal) 36.

A perusal of paper book would reveal that to recover the arrears of maintenance, the petitioner had filed an execution petition, which is pending. The Executing Court had adopted coercive method and ordered attachment of 1/3rd salary of the respondent. That order was later recalled as the respondent had paid some amount of arrears on two occasions. Now the Gurpreet Singh Bhatia 2018.05.28 16:24 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-22850 of 2018 -2execution is pending for remaining payment. The petitioner should approach the Executing Court below and make a prayer there for recovery of the remaining amount.

No directions are required to be given.

The petition is dismissed.

(ANITA CHAUDHRY) JUDGE May 25, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.05.28 16:24 I attest to the accuracy and authenticity of this document chandigarh