Revision against an interim maintenance order of the Family Court, Rewari directing payment of Rs.5000/- per month to wife and minor son. Court found no ground to interfere after three years, noting the main Section 125 petition would likely be decided soon, and dismissed the petition.
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CRR(F)-1040-2022 (O&M) -1-
IN THE H IGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 238 CR R (F)-1040-2022 (O&M) Dat e of Decision: 03.12.2024
Rajiv @ R a jeev Yadav .… Petitioner
Versus
Amrita an d another .... Respondents
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - Mr. Kanwar Abhay Singh, A d vocate for the petitioner. NIDHI GUPTA, J. (ORAL)
Challenge in the present revis i on petition is to the order dated 10.03.202 2 , passed by the learned Princip a l Judge, Family Court, Rewari, in a proc e eding under Section 125 Cr.P.C., directing the petitioner husband t o pay interim maintenance to t h e respondents @ Rs.5000/- per month (Rs . 4000/- per month to respondent No. 1 and Rs.1000/- per month to respond e nt No. 2-minor son.
The matter pertains to the yea r 2022.
Order sheets shows that Noti c e of Motion was issued in the present ca s e vide order dated 18.01.2023, by a co-ordinate Bench of this Court on t h e statement of learned counse l for the petitioner that there is possibility of amicable settlement between the parties. As such, vide order dated 18. 0 1.2023, the matter was also r eferred to the Mediation and Conciliati o n Centre of this Court. T h ereafter, on 20.04.2023, the petitioner had moved an application bearing CRM-16103-2023 and following o rder was passed by a co-ordina t e Bench on the said date:-
RISHU KATARIA 2024.12.09 17:17 I attest to the accuracy and authenticity of this order/judgment.
CRR(F)-1040-2022 (O&M)
-2-
Prayer in this applica t ion is for stay of order dated 10.3.2023 passed by Principa l Judge, Family Court, Rewari. Learned counsel for th e applicant-petitioner inter alia contends that respondent is n ot coming forward to explore possibility of amicable settle m ent before the Mediator and is pressing hard for execution o f order granting maintenance. The applicant-petitioner is re a dy to clear 50% of outstanding dues by 30.4.2023. If the ap p licant-petitioner is put behind the bars, it would close all the doors for settlement. The applicant-petitioner is not d ef lecting from his responsibility who wants to make full and fi n al settlement in one or another way.
Notice in the applicatio n for 09.05.2023.
In the meantime, Execu t ing Court shall adjourn the matter beyond the date fixe d before this Court, subject to payment of 50% of arrears o f maintenance by the applicantpetitioner by 30.4.2023.”
On the last date of hearing i.e. 11.03.2024, the matter was adjourned f or today at the request of learn e d counsel for the petitioner.
Today also, learned counsel for the petitioner prays for an adjournme n t on the ground that there is possibility of an amicable settlement between the parties.
However, as is evident fro m the record, the petitioner has been expl o ring the possibility of an a micable settlement with the responden t s since 18.01.2023. Thus, no g round is made out to entertain the reques t of learned counsel for the petiti o ner.
Moreover, challenge in the p resent petition is to the order dated 10.0 3 .2022 granting interim maintenance @ Rs.5000/- per month to the res p ondents (Rs.4000/- per month to respondent No. 1-wife and
RISHU KATARIA 2024.12.09 17:17 I attest to the accuracy and authenticity of this order/judgment.
CRR(F)-1040-2022 (O&M) -3-
Rs.1000/- p er month to the minor son). D uring this period of almost 03 years in al l likelihood the main petition u n der Section 125 Cr.P.C. would have been decided, or would be close t o final decision. As such, no ground is m ade out to interfere at this stag e .
Dismissed.
Pending application(s), if any , shall also stand disposed of.
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RISHU KATARIA 2024.12.09 17:17 I attest to the accuracy and authenticity of this order/judgment.
1 issue framed by the court
Whether the revision petition against the interim maintenance order under Section 125 Cr.P.C. deserved interference at this belated stage.
1 provisions across 1 enactments
Rajiv @ Rajeev Yadav
Amrita
another (minor son)
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
