IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 10491-M of 2007 Date of decision: 19th March, 2009 Bishember Dayal … Petitioner Versus Koyali Devi and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Veneet Sharma, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner was married with Koyali Devi on 6th December, 1969. The wife had joined her matrimonial home in year 1982. Aggrieved wife had filed a petition under Section 125 Cr.P.C. for grant of maintenance to her and to her minor daughter. The Court of Chief Judicial Magistrate, Narnaul, vide its order dated 22nd November, 2006 had awarded Rs.1500/- as interim maintenance to the wife and Rs.1000/- to minor daughter. The order was assailed in the Court of Additional Sessions Judge, Narnaul, who had upheld the award of interim maintenance. Present petition has been filed against the order of Chief Judicial Magistrate, Narnaul affirmed by the Court of Additional Sessions Judge, Narnaul. Counsel for the petitioner has stated that he be permitted to withdraw the present petition to raise all arguments available to him under law, before the trial Court, at appropriate stage, when the amount of maintenance shall be finally determined. Counsel has further stated that Criminal Misc. No. 10491-M of 2007 petitioner seeks indulgence of this Court for payment of the arrears. It is stated that since this Court had ordered that 50 percent of the amount of maintenance is stayed, by now arrears of maintenance which are to be paid by the petitioner amounts to about Rs.1.00 lakh. Counsel has stated that he will pay the entire arrears in six monthly equated installments. Counsel further submits that the trial Court be directed to determine the final maintenance within a specified time. As prayed, dismissed as withdrawn, with liberty aforesaid. Petitioner may clear the entire arrears of maintenance, which are payable to the aggrieved wife and minor daughter in six monthly equated installments. However, petitioner shall pay the amount of interim maintenance each month, over and above the amount of installment, which is towards clearing the arrears. Trial Court shall determine the final quantum of maintenance within a period of six months after receipt of certified copy of this order. Trial Court shall not insist upon personal appearance of the petitioner, subject to his filing an undertaking that he shall cause his appearance as and when required by the trial Court. He shall also file an undertaking that the evidence, if any, recorded in his absence but in the presence of his counsel, shall be binding upon him. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. [KANWALJIT SINGH AHLUWALIA] JUDGE March 19, 2009 rps 2