High Court of Punjab and HaryanaCRM-M/59694/2022disposed of

Prashant Dubey v. Nisha Dubey And ANR.

2023-03-20Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-59694-2022 Date of Decision : 20.03.2023 Prashant Dubey ......... Petitioner

Versus

Nisha Dubey and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Gaurav Tyagi, Advocate for the petitioner.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 482 Cr.P.C. is seeking setting aside of order dated 07.11.2022 whereby the Principal Judge, Family Court, Gurugram in execution application filed under Section 128 Cr.P.C. by the respondents has issued conditional warrants of arrest against the petitioner.

Learned counsel for the petitioner inter alia contends that the petitioner in view of changed facts and circumstances has filed an application under Section 127 Cr.P.C. seeking modification of order of maintenance. The respondents has filed a petition under Section 128 seeking execution of the order granting maintenance. The Family Court at the first instance, should decide the application of the petitioner under Section 127 Cr.P.C, and thereafter proceed with execution application. The execution application as well as application under Section 127 Cr.P.C. of the petitioner is coming up for consideration before the Family Court on 15.04.2022.

ANJU GOEL 2023.03.20 18:59 I attest to the accuracy and integrity of this document

CRM-M-59694-2022 -2 I have heard the arguments of learned counsel for the petitioner and perused the record.

Without commenting on the merits of the case, the present petition is disposed of with a request to Family Court to adjudicate the application of the petitioner under Section 127 Cr.P.C. and if it comes to a conclusion that the application is not maintainable or order under Section 125 Cr.P.C. does not warrant interference, proceed with application under Section 128 Cr.P.C.

( JAGMOHAN BANSAL ) JUDGE 20.03.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.03.20 18:59 I attest to the accuracy and integrity of this document