Iqbal Singh @ Jagwinder Singh v. Ravinder Kaur And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-46202-2021 Date of Decision : 20.03.2023 Iqbal Singh @ Jagwinder Singh ......... Petitioner

Versus

Ravinder Kaur and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Navjinder S.Sidhu, Advocate for the petitioner.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 482 read with Section 483 Cr.P.C. is seeking quashing of petition under Section 125 Cr.P.C.

Learned counsel for the petitioner inter alia contends that the petitioner and the respondents have entered into compromise where it was settled that both the parties would stay separate and the petitioner would pay a sum of Rs. 11 lakhs as permanent alimony. The petitioner has already paid the said amount by way of demand draft. The respondent despite getting Rs.11 lakhs as maintenance has filed a petition under Section 125 Cr.P.C. seeking maintenance. The claim of the respondent is prima facie contrary to mandate of Section 125(4) of Cr.P.C. The petitioner has raised this issue before the trial Court, however, the trial Court is not adjudicating this question and proceeding further with the question of quantum of maintenance.

I have heard the arguments of learned counsel for the petitioner and perused the record.

ANJU GOEL 2023.03.20 18:48 I attest to the accuracy and integrity of this document

CRM-M-46202-2021 -2Without commenting upon the merits of the case, the petition is disposed of with a request to the Family Court to adjudicate the question of maintainability at the first instance and thereafter proceed with the application 125 Cr.P.C.

( JAGMOHAN BANSAL ) JUDGE 20.03.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.03.20 18:48 I attest to the accuracy and integrity of this document