Narender Punia v. Sunita Kumari

CRM-M-43487-2022 (O&M) -1- 2023:PHHC:080352

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 122-2 CRM-M-43487-2022 (O&M) Date of Decision : 01.06.2023 Narender Punia ......... Petitioner

Versus

Sunita Kumari ......... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Petitioner in person with Mr.Ajay Kumar, Advocate for the petitioner.

Mr. Vikram Singh, Advocate for the respondent.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 482 Cr.P.C. is seeking quashing of order dated 10.08.2022 whereby Additional Sessions Judge, Charkhi Dadri has enhanced the amount of maintenance from Rs.15,000/- to Rs.25,000/- per month. The petitioner is further seeking quashing of order dated 22.12.2020 passed by Chief Judicial Magistrate, Charkhi Dadri whereby maintenance of Rs.15,000/- per month was awarded to wife of the petitioner.

By order dated 24.03.2023, the petitioner on his undertaking was directed to pay a sum of Rs.10 lakhs out of outstanding arrears in two installments by 31.05.2023. He on his undertaking was further directed to pay maintenance Rs.15,000/- per month out of maintenance of Rs.25,000/- per month granted by the Family Court.

Learned counsel for the petitioner on instructions from the ANJU GOEL 2023.06.02 13:49 I attest to the accuracy and integrity of this document

CRM-M-43487-2022 (O&M) -2- 2023:PHHC:080352 petitioner who is present in Court, submits that the petitioner has neither paid a sum of Rs.10 lakhs by 31.05.2023 as undertaken nor he is able to pay Rs.15,000/- per month towards maintenance.

The petitioner has failed to comply with his undertaking and even today he has submitted that he is unable to pay either Rs.10 lakhs out of arrears or Rs.15,000/- per month out of maintenance granted Rs.25,000/- per month.

In view of non-compliance of order dated 24.03.2023 passed by this Court which rested on the undertaking furnished by the petitioner, the present petition deserves to be dismissed and accordingly dismissed. ( JAGMOHAN BANSAL ) JUDGE 01.06.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.06.02 13:49 I attest to the accuracy and integrity of this document