High Court of Punjab and HaryanaFAO(FC)/140/2015dismissed

Gurjit Singh v. Rajwinder Kaur And ANR.

2016-09-28Mr Justice Rajiv Sharma2 pages

CRR(F)-140-2015 -1In the High Court of Punjab and Haryana at Chandigarh Criminal Revision(F)-140-2015 Date of Decision: 28.09.2016 Gurjit Singh ....Petitioner

Versus

Rajwinder Kaur and another ....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Rajiv Joshi, Advocate for the petitioner.

Mr. Sanjay Gupta, Advocate for the respondents.

**** ANITA CHAUDHRY, J(ORAL) The petitioner has assailed the order dated 15.5.2015 passed by the Family Court who allowed Rs. 3,000/- per month as interim maintenance to the wife and Rs. 2,000/- per month to the child. The parties were referred for mediation and the petitioner was directed to deposit Rs. 20,000/-. The amount was deposited by the petitioner and was ordered to be released to the respondent. The husband had claimed that he was a driver and was only earning Rs. 4,000/- per month. The wife had pleaded that the respondent was running a dairy farm and had milch cattle. Counsel for the respondent had informed that not a single penny had been paid after the order and the petitioner is not even appearing in the execution petition and he has gone abroad.

A perusal of the record shows that the father of the petitioner had disinherited him in April 2014. The plea taken before the Court was Gurpreet Singh Bhatia 2016.09.30 10:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRR(F)-140-2015 -2that since he had been disinherited, therefore, he had no right in the father's business.

The trial Court considered the submissions and allowed Rs. 5,000/- in all to the wife and the child. The husband is able bodied. The husband had claimed that he was a tractor driver and was earning Rs. 4,000/- per month. The salaries of drivers are over Rs. 10,000/- per month. The petitioner has not paid any amount. He has left the country. I am not inclined to interfere with the order passed by the Court below.

Petition is dismissed.

(ANITA CHAUDHRY) JUDGE September 28, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.09.30 10:30 I attest to the accuracy and authenticity of this document High Court Chandigarh