Crl. Misc. No.M-27446 of 2009 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-27446 of 2009 Date of decision: October 08, 2010. Rampal ...Petitioner(s) v. Namita ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri P.S. Jammu, Advocate, for the petitioner(s). Shri Akshay Jain, Advocate for the respondent. Kanwaljit Singh Ahluwalia , J. (Oral): The present petition has been filed by Rampal, husband of Namita, aggrieved against the order of interim maintenance of Rs.4,000/- per month awarded by the Court of Judicial Magistrate First Class, Sirsa vide order dated 21.2.2009, copy at Annexure P-1. A revision petition was filed against the order of interim maintenance which was dismissed by the Court of Additional Sessions Judge, Fast Track Court, Sirsa on 5.9.2009 (Annexure P-2). The present petition was admitted by a Coordinate Bench on 27.4.2010 and the petitioner was required to pay Rs.2,000/- per month as maintenance to the respondent. Thereafter, on 29.9.2010, a status report was called from the Court of Judicial Magistrate First Class, Sirsa. In the Crl. Misc. No.M-27446 of 2009 -: 2 :- status report, it has been submitted as under:- “I have the honour to submit that the petition under Section 125 Cr.P.C. titled as Namita v. Rampal was filed by the petitioner Namita wife of Rampal, resident of Sirsa on 23.11.2006. Service of the respondent was effected on 16.12.2006. The petition remained pending for effecting compromise between the parties and thereafter when compromise could not be effected, application for grant of interim maintenance was allowed on 21.2.2009 to the extent that the respondent shall pay Rs.4,000/- per month to the petitioner as interim maintenance allowance from the date of institution of the present petition. Thereafter, case was adjourned to 10.3.2009 for payment of interim maintenance allowance. On 10.3.2009, payment not made by the respondent and an application for issuance of conditional warrant of the respondent was moved and conditional warrant of arrest against the respondent was ordered to be issued for 11.4.2009. On 11.4.2009, conditional warrant of arrest against the respondent received back with a report that respondent has gone to Gujarat for labour work and it was not known as to when he would return. An application was moved on behalf of the respondent by his Counsel seeking amendment in the written statement submitting that it has come to the notice of the respondent that the petitioner was already married before she married the respondent and therefore, the marriage was nullity and this fact is to be incorporated in the written statement. This application was dismissed as the application appeared to be an attempt on the part of the respondent to delay the proceedings and avoiding payment of the interim maintenance allowance on 11.4.2009 and fresh conditional warrant of arrest was ordered to be issued for 27.4.2009. On 27.4.2009, the said warrants not received back, thus, the same were ordered to be issued afresh through Superintendent of Police, Hissar for 29.5.2009. On 29.5.2009, Crl. Misc. No.M-27446 of 2009 -: 3 :- none appeared on behalf of the respondent and the respondent was proceeded against ex-parte. This case remained pending till 10.12.2009 for service of the respondent through conditional warrants as well as ex-parte evidence of the petitioner. On 10.12.2009 evidence of the petitioner was closed. Case was adjourned to 19.1.2010 for consideration and thereafter this case remained pending till 9.9.2010 for final arguments. Now this case is pending for 15.11.2010 for final arguments.” The conduct of the petitioner, as depicted in the status report, is such that this Court cannot come to the rescue of the petitioner as he has not paid even a single penny to his wife. In these circumstances, Judicial Magistrate concerned is directed to decide the application for awarding of maintenance within one month from the next date of hearing, i.e., 15.11.2010, the day when it is fixed for final arguments. With these observations, the present petition is disposed of. [Kanwaljit Singh Ahluwalia] October 08, 2010. Judge kadyan