C.R.R. No.2341 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision 17.01.2011 1) C.R.R. No.2341 of 2010 Sanjay Adhana …Petitioner Versus Deepa and another …Respondents 2) C.R.R. No.3370 of 2010 (O&M) Deepa and another …Petitioners Versus Sanjay Adhana …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Rajesh Garg, Advocate for the petitioner. Mr. Ram Bilas Gupta, Advocate for the respondents. *** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) C.R.R. No.2341 of 2010 -2- This order shall dispose of C.R.R. No.2341 of 2010 and C.R.R. No.3370 of 2010 as common questions of law and facts are involved in these cases. For the sake of convenience the facts are being extracted from C.R.R. No.2341 of 2010. Learned counsel for the petitioner states that petitioner has filed an affidavit giving the details of his income. The petitioner has placed on record certain material which admittedly had not been placed before the learned trial Court. Learned counsel for the respondents states that having not filed the relevant material before the learned trial Court the petitioner cannot now place any reliance thereon. In my opinion, even though technically this may be correct, considering the matter relates to payment of maintenance it would be appropriate if the material now placed on record would also be taken on record by the learned trial Court. Consequently, the material is remitted to the learned Family Court at Faridabad for deciding the matter afresh after taking cognizance of the material now sought to be placed on record, of course after giving necessary opportunities to the respondents to rebut the same. Since I am not granting any interim relief against the quantum which was originally determined it would be in the interest of justice if learned Family Court, Faridabad decide this matter expeditiously but in any case within 9 months from the date of receipt C.R.R. No.2341 of 2010 -3- of certified copy of this order. In the meantime, the arrest of the petitioner shall remain stayed subject to depositing an amount of `1 lakh in the first instance by 28.02.2011 and the remaining amount by 31.05.2011. In case the said payments are not made, the concession of stay of arrest shall stand vacated. The amount of `15,000/- deposited in this Court by virtue of order may be released in favour of the respondents. Both the revision petitions stand disposed of. ( AJAY TEWARI ) January 17, 2011 JUDGE ashish