433 CrleMisc No Mm39016of2006 ill P 0 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl Misc No N39016 of2006 DateofDecisionl Julyl 2009 1 r ShamsherSingh 0 etitioner 0 Vs I C0 RajKaur andanother I Z CORAM HONBLE MR JUSTICE MS BEDl 0 4 Present Petitioner in person 08 Mr P Sidhu Addl AG Punjab OO r MrAK Walia Advocate for the Z 1 Cl A MMS BEDI Je Petitioner ShamsherSinghhas flled this petitionunder Section 482 CrPC for quashing ofthe order datedApril26 2006 passedby CJM Patiala flxing maintenance under Section 125 CrC at the rate of Rs1 0001 per month to Raj Kaur and Rs3001 per month to his son RashhpalSingl No J and 2 This petitiori was earlier ftled throughcounsel ShTribhuwan Singlabut the Rani Anita 2012.07.02 12: 00 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 1 434 CrleMisce NoeM39016 of2006 121 0 1 optedto appearinperson Since the petitioner was appeanng lll personbeingan party himself he raised a largenumber of and also submittedwritten arguments ln nuteshellthe contentionof the petitioner is that respondent Nol is not legally wedded wife of petitioner as she was earlier marriedto 1Z GajjanSingh She Chuni ceremony with the 0 0 petitioneron 30 1996 No ceremony of marriage had taken placePetitioner had caughtRaj Kaur on May 29 2004 havingaffair with C5 I her brotherein4aw6e sisters husband She was scolded by her parents Sheconsumed toilet acid Matter was ultimately on the Z condition that the petitioner would pay asum of Rs6 lacs for past present m and lture maintenance alimony9 The petitioner had 4 I in the name of respondent no l and she sold one propenyon July 08 19 2004 and givena power of attomeyfor rest of the propertyand an r e amount of Rs6 lacs was paidto No The trial Coun ignored e7 Z this fact while granting malntenance to the lt was also argued 9 Ll that the trial Court had failed to that petitioner has been paying r tof6 1 Rs24001 as instalmentvide ICICI Bank for housingloan and Rs20001 as house rent and is payingmaintenanceto his daughter from earlier wife The petitioner haschallenged his marriage before the competentCourt at Patiala beinga void marriageand the case is pending at the Courts at Patiala Rani Anita 2012.07.02 12: 00 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 435 Crl Misc No M89016 of2006 131 0 1 I have taken into consideration all the pleasraised by the The main contentionis thathis mamage with no l lS null and void Ifa marriage is void the same hasto be gotdeclaredfrom the Court The petitioner has submittedthat a petitionfor gettingthe marriage 1 declaredvoid is pendingWithout of any opinionon the ments of the case I am of the consideredopinionthat the petitioner has got an 0 C alternativeremedyto file a reVlSlon petitionchallenging the legalityand I propriety of the order of grantof maintenance to the All the C I pleastaken by the petitioner in this petitionmaybe raised before the said Court Quashing ofthe impugned orderexercising does Z not appear to be The revisional Court can exercise the C revisional jurisdictionby perusing the relevant record and if any illegality 4 I has been committed it lS alwaysopen to the revisional Court to rectifythe 08 OO r Petition is dismissedrelegating thepetitioner to the alternative W Z remedy Ll July 1 2009 6M1VSEDII sanJay JUDGE 1 1 r t1 r 7d 4 1 Rani Anita 2012.07.02 12: 00 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document