IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.18305-M of 2008 (O&M) Date of decision : 02-02-2009 Indra Devi ....Petitioner VERSUS Himanshu @ Heena & another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Anju Arora, Advocate, for the petitioner. Mr. Praveen Hans, Advocate, for respondent No.1. Mr. Pankaj Mehta, Advocate, for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (Oral) In the present case, Himanshu @ Heena had instituted a petition u/s 125 Cr.P.C. against her father Satish Kumar and mother Smt. Indra Devi. Satish Kumar and Smt. Indra Devi now have been divorced. It is stated that Satish Kumar was plying a taxi whereas Indra Devi was posted as a teacher and was earning salary of Rs.15,000/-. On a petition for maintenance filed, Sub Divisional Judicial Magistrate, Hansi directed that mother Indra Devi should pay Rs.2500/- p.m. as maintenance. Father was also directed to pay Rs.1500/- p.m. as maintenance. Aggrieved against the order, Smt. Indra Devi had filed a revision in the Court of Addl. Sessions Judge, Hisar. Then minor daughter Himanshu @ Heena also filed revision against the order. The Court of Addl. Sessions Judge, Hisar upheld the maintenance awarded by the Court of Sub Divisional Judicial Magistrate, Hansi. The present petition bearing Crl. Misc. No.M-18305 of 2008 was filed for quashing the order of the Sub Divisional Judicial Magistrate and the order of Addl. Sessions Judge, Hisar, to say that Rs.2500/- should not have been awarded as a maintenance and in alternative same is Crl. Misc. No.18305-M of 2008 (O&M) -2- excessive. During pendency of the proceedings, Himanshu @ Heena has attained majority. She is now aged about 18 years and few days. Himanshu @ Heena has been brought by her grand mother Smt. Vidhywanti. On last date of hearing before the Coordinate Bench, an effort was made to resolve the dispute once for all. Indra Devi had offered to pay a lump-sum amount of Rs.2 lacs but it was not agreed and Rs.4 lacs were demanded. Today Indra Devi petitioner, Himanshu @ Heena unmarried daughter and her grand mother Vidhywanti are present in Court. It has been submitted by the counsel for Himanshu @ Heena that since she is to be married, they have agreed to accept the offer of Rs.2 lacs. Counsel for the petitioner has stated that they are ready and willing to deposit Rs.2 lacs in the FDR and Himanshu @ Heena will be entitled to interest to be earned on the FDR each month till her marriage is to be solemnized. It has been further submitted that on the occasion of the marriage, the FDR be encashed and spent for the marriage of Himanshu @ Heena. A compromise arrived to this effect has been placed on record. The same has been signed by Himanshu @ Heena who has become major and her grand mother Vidhyawanti. They have been identified by their counsel Mr. Parveen Hans, Advocate, on the deed of compromise. Indra Devi, another signatory to the agreement, has been identified by Ms. Anju Arora, Advocate, Accordingly, present petition is disposed off with the direction that petitioner will deposit Rs.2,00,000/- in the State Bank of India, Hansi, on 18-2-2009 and Himanshu @ Heena will be present at the bank along with necessary documents for identification and opening of the Crl. Misc. No.18305-M of 2008 (O&M) -3- account. The amount shall be kept in the Fixed Deposit Receipt and the interest accrue thereupon shall be disbursed to Himanshu @ Heena every month and the amount of Rs.2,00,000/- shall be paid to Himanshu @ Heena at the time of her marriage with the consent of petitioner Indra Devi. Copy of this order along with photocopy of the Fixed Deposit Receipt duly attested by the Manager, State Bank of India, Hansi, along with application will be placed before the trial Court, who after verifying the same, shall consign the proceedings to the records. (KANWALJIT SINGH AHLUWALIA) 2-2-2009 JUDGE manju