IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-14558 of 2009 (O&M) Date of decision: 26th May, 2009 Chander Pal … Petitioner Versus Saroj Bala … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. S.S. Godara, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the order dated 19.11.2008 (Annexure P-2) passed by Judicial Magistrate (1st Class), Fatehabad, whereby petitioner was directed to make payment of Rs.3000/- per month to the respondent wife. Counsel for the petitioner, after arguing for some time, has submitted that recovery for 24 months @ Rs.3000/- per month is due against the petitioner. Counsel has further submitted that in ex-parte order, Rs.3000/- has been quantified as maintenance in favour of the respondent wife. Counsel has stated that income of the petitioner has not been assessed, as the order was passed ex-parte. Counsel has submitted that due opportunity should be given to the petitioner to lead evidence that he is not earning Rs.17,000/- per month. According to the counsel, amount of Rs.72,000/- is due to be paid to the respondent wife. In case petitioner deposits Rs.50,000/- in the trial Court, his application for setting aside the ex-parte order shall be considered by the Criminal Misc. No. M-14558 of 2009 (O&M) trial Court. Counsel for the petitioner may file an application before the trial Court that the dispute may be referred to the concerned Mediation and Conciliation Centre or to the Permanent Lok Adalat. If such an application is filed, due consideration will be given to the same. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 26, 2009 rps 2