High Court of Punjab and HaryanaCRR(F)/988/2022disposed of

Ashwani Kumar @ Ashan Kumar v. Karamjit Kaur And ANR

2023-05-26Mr. Justice Jagmohan Bansal2 pages

In the High Court of Punjab and Haryana at Chandigarh 2023:PHHC:077064 CRR(F)-988 of 2022 Date of Decision: 26.05.2023 Ashwani Kumar @ Ashan Kumar ---Petitioner versus Karamjit Kaur and another ---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Rahul Garg, Advocate for the petitioner Mr. Jaskamal Singh Grewal, Advocate for the respondents **** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner, through the instant petition is seeking setting aside of order dated 05.09.2022 whereby Family Court, Mansa has allowed maintenance of Rs. 14,000/- per month i.e. Rs. 8000/- per month to respondent No. 1 (wife) and Rs. 6,000/- per month to respondent No. 2 (daughter).

Learned counsel for the petitioner inter alia submits that Family Court has awarded maintenance of Rs. 6000/- per month to daughter of the petitioner who is major. Maintenance under Section 125 Cr.P.C. cannot be awarded to major daughter though it can be awarded under Section 20 of the Hindu Adoption and Maintenance Act. In support of his contention, he relied upon judgment of Hon'ble Supreme Court in Abhilasha vs. Parkash and others 2020 SCC Online SC 736. PARAMJIT KAUR SAINI 2023.05.26 18:32 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:077064 CRR(F)-988 of 2022 -23.

The petitioner was directed to clear arrears qua wife by 22.05.2023. Learned counsel for the petitioner submits that a sum of Rs. 2,02,000/- was paid during the pendency of petition before Family Court. Today, in Court a draft of Rs. 4,00,000/- is handed over to learned counsel for the respondent. Learned counsel for the petitioner states that petitioner would clear arrears, if any, within one month. 4.

Learned counsel for the respondents expressed his inability to controvert applicability of judgment of the Hon'ble Supreme Court in Abhilasha (supra) to the present case qua major daughter.

In view of the above stated facts, circumstances and statement of both sides as well as judgment of the Hon'ble Supreme Court in Abhilasha (supra), the present petition is partially allowed. Order qua maintenance to major daughter (respondent No. 2) is hereby set aside.

Disposed of.

( JAGMOHAN BANSAL ) JUDGE 26.05.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.05.26 18:32 I attest to the accuracy and authenticity of this order/judgment