Rakesh v. Anju

Crl. Misc. No. M-39446 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-39446 of 2016 Date of decision:- 07.11.2016 Rakesh

...Petitioner

versus Anju

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Surinder Garg, Advocate for the petitioner.

RITU BAHRI J.(Oral) Challenge in the present petition is to the order dated 02.05.2016 (Annexure P-3) passed by learned District and Sessions Judge, Family Court, Sonepat, whereby in the application filed under Section 125 Cr.P.C, the defence of the petitioner has been struck off. A perusal of order dated 02.05.2016 shows that the petitioner was in arrears of maintenance of Rs.5000/- per month which he was required to pay from the date of filing of the application i.e 04.07.2014 . However, petitioner paid Rs.20,000/- a temporary interim maintenance in compliance of order dated 18.12.2015.

Thus, till December, 2016, the petitioner was required to pay Rs. 1,45,000/- approximately. Further the petitioner had made the payment of Rs.20,000/- and thus, he is in arrears of maintenance of Rs.1,25,000/- approximately.

Learned counsel for the petitioner has further informed that parties have to appear before the Mediation Centre on 03.12.2016. Subject to the condition that the petitioner shall pay Rs.1,25,000/- towards interim maintenance on 03.12.2016, order dated GAURAV ARORA 2016.11.09 14:21 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-39446 of 2016 -202.05.2016 (Annexure P-3) passed by learned District and Sessions Judge, Family Court, Sonepat is being set aside and the petitioner is granted liberty to file reply to the main petition.

Accordingly, the present petition stands allowed. November 07, 2016 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.11.09 14:21 I attest to the accuracy and integrity of this document