The court heard a petition under Section 482 Cr.PC seeking quashing of a maintenance order. After the record indicated the petitioner was wealthy but failed to file an affidavit regarding his lack of PAN or income tax returns, the counsel sought to withdraw the petition, which was granted.
Permission to withdraw the petition is granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M-21895/2010(O&M) Date of decision: 25.10.2010.
Gurnam Singh
....................Petitioner
v.
Jaswinder Kaur and others
.....................Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Mr.SK Biriwal,Advocate for the petitioner.
Jaswant Singh.J.(Oral)
Prayer in this petition under Section 482 Cr.PC is for quashing the order dated 5.5.2010 passed by learned Additional Sessions Judge whereby the revision petition filed by the petitionerhusband was dismissed and the order dated 26.10.2009 passed by learned Additional Chief Judicial Magistrate, Hoshiarpur granting monthly interim maintenance to the tune of Rs.3000/- to respondent wife and Rs.2000/- to the minor daughter was upheld.
It is apparent from the record that the learned trial Court while granting the interim maintenance has arrived at a definite finding that the petitioner belongs to a wealthy business family and earning Rs.10,000/- per month.
On 2.8.2010 at the time of hearing learned counsel for the petitioner had sought time to file an affidavit showing that the
petitioner does not have any PAN number nor does he file any income tax return. Despite opportunity, no such affidavit has been filed on behalf of the petitioner.
At the time of hearing today, learned counsel seeks
permission to withdraw the petition.
Ordered accordingly.
25.10.2010 (Jaswant Singh) joshi Judge
2 issues framed by the court
Whether to quash the order dismissing the revision petition regarding interim maintenance.
Whether to proceed with the petition given the petitioner's failure to file an affidavit regarding income details despite opportunity.
1 provisions across 1 enactments
Gurnam Singh
Jaswinder Kaur
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
