Crl.Misc.No.M-3711 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.M-3711 of 2009 Date of Decision: 16 - 2 - 2009 Biru Singh .....Petitioner v. Nisha etc. .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Sukhdeep Parmar, Advocate for the petitioner. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner has contended that on 23.5.2006, Judicial Magistrate Ist Class, Panipat had awarded maintenance of Rs.400/- to each respondent under Section 125 Cr.P.C.. Counsel state that adequate opportunity should be given to the petitioner to defend himself. He further state that ex parte order was passed without effecting service upon the petitioner. He further state that fair play demands that petitioner should be given fair opportunity to defend the case. Counsel for the petitioner has further submitted that petitioner is ready and willing to pay the entire arrears of maintenance till 1.3.2009. In case the petitioner appear before the trial Court on 26.2.2009 and deposits entire arrears of maintenance upto 1.3.2009, the order proceeding against the petitioner ex parte shall be recalled. However, Crl.Misc.No.M-3711 of 2009 [2] during the period of proceedings the petitioner shall continue to pay the amount of maintenance already determined by the trial Court as interim maintenance. The trial Court, thereafter, shall give adequate opportunity to the parties to lead evidence and on basis of the same shall determine the quantum of maintenance. It goes without saying that maintenance to be determined by the trial Court on the basis of evidence led by the parties can lead to enhancement or reduction. With aforesaid observations, the petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) February 16, 2009. JUDGE RC