CRR(F)-122-2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-122-2013 Date of decision: 4.10.2013 Sonu ...Petitioner Versus Promila ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.RK Saini, Advocate for the petitioner with Randhir Singh father of the petitioner Mr.Jitender Dhanda, Advocate for the respondent **** Jitendra Chauhan, J.
(Oral) The present revision has been filed against the order dated 6.7.2013, passed by learned District Judge, Family Court, Hisar, whereby, the petitioner had been sentenced to undergo imprisonment for a period of twelve months, on account of his failure to pay the arrears of the maintenance allowance of Rs.73,900/- to his wife.
This Court vide order dated 30.8.2013, directed the petitioner to deposit a sum of Rs.25,000/- towards maintenance allowance allowed in favour of the respondent by the Court of District Judge, Family Court, Hisar.
The order is complied with.
The amount of Rs.25,000/- deposited, be released in favour of the respondent.
The learned counsel contends that due to unemployment, the petitioner could not deposit the amount and the same is not intentional and deliberate.
He undertakes to deposit a sum of Rs.5,000/- per month to clear the arrears Shanker Gauri 2013.10.07 17:33 I attest to the accuracy and integrity of this document High Court Chandigarh CRR(F)-122-2013 2 of maintenance awarded by the trial Court.
Learned counsel for the respondent contends that the petitioner is not appearing in the proceedings under the Protection of Women from Domestic Violence Act, 2005.
The family of the petitioner owns a pucca house.
Heard.
In the circumstances, this Court is of the view that the offer made advances the cause of the complainant.
Therefore, the present revision petition is allowed, and the order dated 6.7.2013 is modified to the extent that the petitioner is directed to deposit a sum of Rs.5000/- per month to clear the arreaRs.plus Rs.1800/- the amount of maintenance on or before 7th day of each month, in the account of the respondent-wife through RTGS.
In case of any default in payment, the present petition shall be deemed to be dismissed without further notice and the respondent-wife shall be entitled to revive the proceedings according to law and recover entire arrear in lump-sum.
The petitioner shall also be bound to appear before the trial Court in the proceedings pending adjudication under the Protection of Women from Domestic Violence Act, 2005.
The petitioner is stated to be in jail, he shall be released forthwith on his furnishing an undertaking before the Executing Court to comply with this order and any other condition imposed by the Executing Court.
4.10.2013 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2013.10.07 17:33 I attest to the accuracy and integrity of this document High Court Chandigarh