IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-32824 of 2008 Date of decision: 24th February, 2009 Paramjit Singh … Petitioner Versus Rajwinder Kaur … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Manish Kumar Singla, Advocate for the petitioner. Mr. G.S. Sidhu, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed by Paramjit Singh, husband against the grant of interim maintenance to his wife, Rajwinder Kaur. Counsel for the petitioner has raised three-fold submission before this Court. Firstly, it has been stated that as per agreement/ panchayati divorce (Annexure P-2), respondent is residing away from the matrimonial home, with mutual consent, therefore under Section 125(4) Cr.P.C., she is not entitled to maintenance. Secondly, counsel for the petitioner has relied upon receipt (Annexure P-1) to state that she has received Istri Dhan and expenses and have foregone the right of maintenance. Thirdly, it has been submitted that in these circumstances, no interim maintenance could be granted by the Court. Mr. G.S. Sidhu appearing for the respondent has disputed the agreement/ panchayati divorce and has stated that respondent, due to the conduct of husband, has been compelled to leave the matrimonial home, Criminal Misc. No. M-32824 of 2008 therefore, it cannot be said that without any sufficient cause she has deserted her husband. Secondly, it has been submitted that receipt (Annexure P-1) was not executed and even if executed, that is only qua the Istri Dhan and the expenses incurred on the marriage and the right of maintenance has not been foregone by the respondent wife. Thirdly, it has been submitted that after the enactment of Code of Criminal Procedure, 1973, aggrieved wife is entitled to interim maintenance. Since disputed questions of fact are involved, present petition is disposed off with a direction to the Court of Judicial Magistrate (1st Class), Dhuri to finally adjudicate the claim of maintenance instituted by the respondent wife under Section 125 Cr.P.C. within three months after the receipt of certified copy of this order. Till then, interim maintenance and arrears shall be paid by the petitioner husband. The amount of Rs.10,000/- deposited in the registry of this Court shall be transferred to the trial Court for onward disbursal to aggrieved wife and the amount shall be adjusted. [KANWALJIT SINGH AHLUWALIA] JUDGE February 24, 2009 rps 2