RSA No.721 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.721 of 2010 Date of decision: August 4, 2011. Lohari Ram ... Appellant(s) v. Smt. Mohindro & Ors. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Ashok Singla, Advocate, for the appellant(s). Shri A.K. Khungar, Advocate, for respondent No.1. Kanwaljit Singh Ahluwalia , J. (Oral): CM No.2036-37-C of 2010 These applications seeking condonation of delay in filing and re-filing call for no orders in view of the dismissal of the appeal. The same are accordingly dismissed. RSA No.721 of 2010 Present regular second appeal has been filed by the defendant to the suit. Lohari Ram – appellant-defendant was married with Smt. Mohindro. Out of the wedlock, five children were born. The aggrieved wife along with minor daughter and two minor sons sought maintenance for herself and the minor children so that she could lead her life in a dignified manner. This Court need not to go into the detailed facts. Suffice it to say that the trial court held the plaintiff Mohindro, aggrieved wife, entitled to RSA No.721 of 2010 -: 2 :- maintenance @ Rs.300/- per month from the date of institution i.e., 26.2.2002. The court further held that the maintenance allowance granted shall be charge on the property owned by the appellant-defendant. The relief clause of the impugned judgment passed by the trial court reads as under:- “18. In view of my findings returned on all the issues above, suit of the plaintiff is decreed partly and Mohindro, plaintiff (only) is allowed maintenance allowance @ Rs.300/- (Rs. Three hundred only) payable each month by the defendant from the date of suit i.e. 26.2.2002. The maintenance allowance so granted shall be a charge on the property owned by Lohari Ram, defendant to his share out of land only situated at village Khuian Sarwar comprising in khewat No.1131/1027, Khatauni no.1519, Khasra No.60, Killa No.13, 14, 15, 16, 17, 18/1, Khasra No.61, Killa No.11, 20 vide jamabandi for the year 1993-94. Decree be drawn and file be consigned.” Aggrieved against the same, defendant-appellant had filed an appeal. The lower appellate court upheld the amount of maintenance and modified the relief clause to the extent that the maintenance allowance shall be charge on 12 kanal and 3 marlas of land. The operative portion of the judgment, where property on which maintenance shall be charged was modified, reads as under:- “15. In the light of what has been discussed above, the instant appeal is dismissed but with modification that the charge of maintenance allowance @ Rs.300/- per month shall be only on the property owned by Lohari Ram of his half share of land RSA No.721 of 2010 -: 3 :- comprised of rectangle No.60 Killa No. 13 (8-0), 14 (8-4) and 15 (8-2) i.e. 12 kanals 3 marlas only. In view of the peculiar circumstances of the case, the parties are left to bear their own costs. Decree sheet be prepared; appeal file be consigned and lower court record be sent back forthwith.” In the present appeal, at the time of issuance of notice of motion, the appellant has not challenged the amount of maintenance allowance but had prayed that he be permitted to keep the lump-sum amount in the bank account so that the maintenance charges can be paid out of interest accrued on the amount so deposited and the charge over the land be removed. Shri A.K. Khungar, Advocate has appeared for the respondent- wife. He has stated that aggrieved wife has also instituted proceedings under Section 125 Cr.P.C. and an amount of Rs.2,000/- has been awarded. Therefore, the interest amount earned should be sufficient to pay the amount so awarded also. Counsel for the appellant has stated that he is ready and willing to deposit the amount in a Nationalized Bank in a fixed deposit to the extent that even the amount awarded by the court under Section 125 Cr.P.C. or any further enhancement is also taken care of from the interest earned. It will be pertinent to mention here that respondent-wife has not filed any appeal for enhancement of the amount. After hearing Counsel for the parties, the operative portion of the lower appellate court is modified to the extent that in case the appellant- defendant deposits Rs.3.00 lacs in a nationalized bank in the name of the respondent-plaintiff with a specific undertaking that the amount shall not be encashed during the life time of the respondent-plaintiff, the maintenance RSA No.721 of 2010 -: 4 :- awarded either in the suit or the proceedings under Section 125 Cr.P.C., shall be paid out of the interest earned, in case amount is so deposited, there shall be no charge on the immovable property but on the FDRs so deposited. With the above modification, the present appeal is disposed of. [Kanwaljit Singh Ahluwalia] August 4, 2011. Judge kadyan