High Court of Punjab and HaryanaCRR(F)/988/2019disposed of

Amit Aggarwal v. Neelam Aggarwal

2023-05-17Mr. Justice Jagmohan Bansal2 pages

CRR(F)-988-2019 (O&M) -1- 2023:PHHC:071917

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR(F)-988-2019 (O&M) Date of Decision : 17.05.2023 Amit Aggarwal ......... Petitioner

Versus

Neelam Aggarwal ......... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Ms.Shina Sehgal, Advocate for Mr. Baldev Singh, Advocate for the petitioner.

**** JAGMOHAN BANSAL , J. (Oral) On 12.12.2019, the following order was passed : "Pursuant to the order dated November 28, 2019, the petitioner is present in Court. Learned counsel for the petitioner states that without assessing the income of the petitioner, exorbitant amount of maintenance has been awarded against him. The respondent is working as teacher with Happy Evergreen Senior Secondary School, Jullana Road, Mahendergarh, where the daughter is studying. The respondent is, accordingly, well placed.

Notice of motion.

Meanwhile, the parties are directed to appear before the Mediation and Conciliation Centre of this Court on 24.01.2020. However, the petitioner shall pay a sum of Rs.10,000/- to the respondent on her causing appearance before the aforesaid Centre as litigation ANJU GOEL 2023.05.17 17:35 I attest to the accuracy and integrity of this document

CRR(F)-988-2019 (O&M) -2- 2023:PHHC:071917 expenses, which shall be a condition precedent for initiation of mediation proceedings.

For awaiting the report, adjourned to 06.03.2020.

Meanwhile, payment of maintenance beyond Rs.7,500/- per month is hereby stayed." Mr.Mukesh Yadav, Advocate has filed his power of attorney on behalf of the respondednt, which is taken on record. He submits that as per order dated 12.12.2019 of this Court, the petitioner was supposed to pay a sum of Rs.7500/- per month to the respondent, however, petitioner is not paying the aforesaid amount towards maintenance. On being confronted with the aforesaid fact, learned counsel for the petitioner submits that on account of illness, the petitioner cannot pay the maintenance amount.

As the petitioner is unable to comply with order dated 12.12.2019 and maintenance awarded by the Family Court is interim maintenance , there seems no reason to keep the matter pending. Accordingly, the petition stands disposed of with liberty to the parties to avail remedies as permissible by law. ( JAGMOHAN BANSAL ) JUDGE 17.05.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.17 17:35 I attest to the accuracy and integrity of this document