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High Court of Punjab and HaryanaCRM-M/9103/2018dismissed

Rajpal Singh Malik v. Shubhlata Malik

2019-11-14Mr. Justice Hari Pal Verma2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-9103 of 2018 Date of Decision: 14.11.2019 Rajpal Singh Malik

...Petitioner (s)

Versus

Smt. Subhlata Malik

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. K.K. Chaudhary, Advocate for Mr. Gaurav Gupta, Advocate for the petitioner.

The respondent in person.

***** HARI PAL VERMA, J. (Oral) The petitioner has filed the present petition under Section 482 CrPC impugning the order dated 04.07.2016 passed by Judicial Magistrate Ist Class, Faridabad, whereby due to non-appearance of the petitioner, he was proceeded against ex parte and the case was adjourned for ex parte evidence of the respondent-complainant. Challenge has also been laid to order dated 30.08.2017, whereby in the complaint filed by the respondent under the Domestic Violence Act, the petitioner was directed to pay a sum of Rs.12,000/- per month, as maintenance, followed by order dated 20.11.2017 (Annexure P-4), whereby the bank account of the petitioner ASHWANI KUMAR 2019.11.16 18:47 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-9103 of 2018 -2was attached, being a judgment debtor, in order to make payment of the awarded maintenance.

Vide order dated May 06, 2019 of this Court, counsel for the petitioner was directed to place on record document Ex.PW-3/A, wherein the petitioner was drawing pension approximately @ Rs.35,000/- per month and while adjourning the case, the petitioner directed to remain present in Court on the next date of hearing. On 20.09.2019, despite there being a direction to remain present, the petitioner did not come present and accordingly, bailable warrants were issued for production of the petitioner for today. Learned counsel for the petitioner states that efforts were made to contact the petitioner, but he is not responding to his calls. For non-compliance of orders dated 06.05.2019 and 20.09.2019, the present petition is dismissed for non-prosecution. November 14, 2019 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No ASHWANI KUMAR 2019.11.16 18:47 I attest to the accuracy and integrity of this document