Who is this Gentlemen !!!! …. Married in 1994. Wife Filed 498A in 2001; Wife Obtained CrPC 125 order in 2004; Not a penny maintenance paid till 2011 !!!! Wife running pillar to post !!To quote the honorable High court !! “……The Execution Court shall also take into consideration the fact that the petitioner, who is a lady, is running from pillar to post for recovering the amount of maintenance, which was awarded in her favour on 1.10.2004 and a period of more than six years is going to elapse. …….”
125 of cr p c
Punjab-Haryana High Court
Smt. Usha Yadav vs Satish Kumar
9 February, 2011
Criminal Misc. No. M-36656 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-36656 of 2009
Date of Decision: 8.2.2011
Smt. Usha Yadav
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.K. Handa, Advocate
for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
The petitioner was married with respondent on 26.5.1994 and a daughter was born from the wedlock on 20.2.1996. The said child died after four months of her birth. During subsistence of marriage, differences arose and the petitioner got registered FIR No. 63 dated 18.5.2001 against the respondent at Police Station Kosli, District Rewari, under sections 498-A, 506 and 34 IPC. The petitioner has also filed an application under Section 125 Cr.P.C. for grant of maintenance. Additional Chief Judicial Magistrate, Narnaul, vide order dated 1.10.2004, determined ` 500 as a maintenance to be paid to the petitioner by the respondent-husband.
In the present petition, it is stated that out of Narnaul District, an area has been carved out at Kosli where a Court has been established. At Kosli, the petitioner is residing. Therefore, the execution proceedings, instituted by the petitioner-wife, for recovery of amount of Criminal Misc. No. M-36656 of 2009 2 maintenance, be transferred to the Court at Kosli. The present petition, for the first time, was listed before this Court on 23.12.2009. Various notices have been issued to the respondent but the service could not be effected upon him. Resultantly, the petitioner-wife has been deprived of the maintenance amount, which was awarded in her favour. Learned counsel for the petitioner submits that in case the execution proceedings are decided within a specified time frame, he will not press the present petition. Considering the fact that service has not been effected upon the respondent, the Executing Court is directed to conclude the execution proceedings within a period of three months, from the date of receipt of a certified copy of this order. The Execution Court shall also take into consideration the fact that the petitioner, who is a lady, is running from pillar to post for recovering the amount of maintenance, which was awarded in her favour on 1.10.2004 and a period of more than six years is going to elapse. The order dated 1.10.2004, whereby the maintenance was awarded to the petitioner will loose its strings, if urgently, the same is not recovered from the erring husband. Hence, considering the object of Section 125 Cr.P.C., the concerned Court will make vigorous efforts to recover the amount of maintenance from the respondent-husband.
As prayed, the present petition is dismissed as not pressed. (Kanwaljit Singh Ahluwalia)
February 8, 2011