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High Court of Punjab and HaryanaCRR(F)/634/2025disposed of

Dharminder Singh v. Veerpal Kaur And Others

2025-07-25Ms. Justice Kirti Singh3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (117) CRR(F) No. 634 of 2025 (O&M) Date of Decision: 25.7.2025 Dharminder Singh ......Petitioner

Versus

Veerpal Kaur and others .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Rishav Jain, Advocate for the petitioner.

**** KIRTI SINGH , J. (ORAL) CRM-17242-2025 This is an application under Section 5 of the Limitation Act seeking condonation of delay of 391 days in filing the present revision petition.

The application is allowed for the reasons stated therein. Delay of 391 days in filing the present revision petition is condoned.

CRR(F)-634-2025 1.

The instant petition has been filed under Section 442 of BNSS, 2023 for quashing of the impugned order dated 3.1.2024, passed by the learned Family Court Camp at Sunam, in case bearing No. MNT 121/15.3.2021 titled as Veerpal Kaur and another versus Dharminder Singh whereby maintenance to the tune of Rs. 7,000/- per month each was awarded to the respondent herein. The petitioner also seeks quashing of the orders dated 6.6.2024, 22.8.2024, 7.11.2024 and 9.1.2025 whereby conditional warrants, warrants of attachment of property and the warrants for recovery

-2of arrears of maintenance, have been issued against the petitioner. 2.

Learned counsel for the petitioner submits that vide order dated 03.1.2024, maintenance to the tune of Rs. 7000/- per month each to the respondents was awarded by the learned Family Court Camp at Sunam. Thereafter, respondent No.1 filed an execution petition, wherein conditional warrants were issued against the petitioner on 6.6.2024 by overlooking the provision of Section 461 BNSS, 2023 as also the judgment passed by this Court in Om Parkash @ Parkash Vs. Vidya Devi 1992(3) RCR (Criminal)

9. Learned counsel for the petitioner restricts his prayer only qua the quashing of the conditional warrants and the subsequent proceedings arising therefrom. Further, he submits that the petitioner is ready and willing to pay 50% of the amount of arrears of maintenance within a period of one month, and the remaining amount within a further period of three months, and prays that the present petition be allowed in these terms. 3.

Heard.

4.

The present petition is being decided in limine in order to save litigation cost of the respondent and also to save the judicial time of the Court.

5.

In view of the submissions made by the learned counsel the petitioner, the impugned order dated 6.6.2024 and the consequential proceedings emanating therefrom are set aside. The petitioner is directed to pay 50% of the amount of the arrears of maintenance within a period of one month from the date of this order, and the remaining amount within a further period of three months. Till then, no coercive steps shall be taken against the petitioner.

6.

However, it is made clear that this order would not affect the execution proceedings pending against the petitioner before the execution

-3Court. In case the petitioner fails to comply with the terms of this order, the execution Court shall proceed against him in accordance with law. It is made clear that the petitioner would not have any extension of time beyond the period granted by this Court.

7.

The petition stands disposed of in the aforesaid terms 8.

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

(KIRTI SINGH) JUDGE July 25, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No