Criminal Misc. No.M-24314 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-24314 of 2009 Date of decision : 16.11.2009 Sherry Khan ....Petitioner Versus Yamina and another ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Vikas Mehsempuri, Advocate for the petitioner Ms. G.K.Dulat, Advocate for respondent No.1 S. D. ANAND, J. The petitioner herein had applied for invalidation of the impugned orders dated 20.7.2009 (Annexure P-18), 3.8.09 (Annexure P- 19) and 20.8.2009 (Annexure P-20) vide which he had been committed to custody on account of his being arrears of maintenance. Learned counsel for the petitioner informs that the arrears have since been paid in entirety and the petitioner stands released from custody. However, he states that respondent-wife is not, at all, entitled to any maintenance under Muslim Law and is only entitled to a one time payment of amount of Iddat. Learned counsel, appearing on behalf of respondent no.1, argues the contrary. The averment on behalf of the respondent is that inspite of the dissolution of marriage between petitioner and respondent no.1 (respondent no.2 being a minor child of the parties and also the payment of Iddat amount under the Muslim Law the respondent would Criminal Misc. No.M-24314 of 2009 -2- **** continue to be entitled to maintenance. In this petition, the petitioner has only sought invalidation of the orders Annexures P-18 to P-20 which do not notice the respective contentions of the parties. The grievance of the petitioner is that respondent no.1 would file repeated applications and get him committed to custody without the trial Court noticing the contentions about her entitlement. The petition is disposed of as infructuous but with a direction that as and when respondent no.1 files a plea for maintenance( on an allegation that the petitioner is in arrears), the learned Trial Magistrate shall notice whatever contentions are raised before the Court and adjudicate thereupon by granting a self contained order. November 16, 2009 (S. D. ANAND) Pka JUDGE