High Court of Punjab and HaryanaCRR(F)/345/2021dismissed

Shri Prabhjot Singh v. Abhirup Singh And Another

2021-10-04Mr. Justice Rajesh Bhardwaj2 pages

CRM-33108-2021 in/and CRR(F)345-2021 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-33108-2021 in/and CRR(F)345-2021 (O&M) Date of Decision:October 04, 2021 Shri Prabhjot Singh .....Petitioners

Versus

Abhirup Singh and another ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.V.B.Godara, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J. (ORAL) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

This revision petition has been filed by the petitioner -husband praying for setting aside the impugned order dated 02.06.2017 wherein the Family Court, Ambala, has granted the maintenance of Rs.4,000/- per month to the minor son of the petitioner.

The revision petition is filed alongwith an application for condonation of delay of 925 days in filing the same. The ground mentioned for condonation of delay is the ailment of the old age mother of the petitioner. Besides this, it has been contended that the applicant-petitioner has a good prima facie case on merit. MEENU 2021.10.13 16:20 I attest to the accuracy and authenticity of this document chandigarh I have heard learned counsel for the petitioner and perused the

CRM-33108-2021 in/and CRR(F)345-2021 (O&M) -2record. The grounds mentioned makes no case for condonation of huge delay of 925 days and the same is without merit. Even on merits, in the petition filed under Section 125 Cr.P.C. by the wife on behalf of her and the minor son, prayer for granting the maintenance for the wife was withdrawn before the trial Court itself. Hence, the Family Court awarded the maintenance of Rs.4,000/- only qua the minor. The petitioner being the father of the minor and an able bodied man cannot escape the responsibility of maintaining his own child.

Hence, the present petition is nothing but a glaring example of delay and latches. As a result, the petition fails on delay as well as on merits and the same is dismissed.

October 04, 2021 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2021.10.13 16:20 I attest to the accuracy and authenticity of this document chandigarh