CRM No. M-9157 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-9157 of 2011 (O&M) Date of decision: 25.03.2011 Deepak ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Rajesh Khandelwal, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition under Section 482 Cr.P.C. is filed assailing the order dated 16.3.2011 passed by Appellate Court thereby declining the stay against the maintenance order passed by SDJM, Hansi, on the complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The facts reveal that learned trial Court has directed the present petitioner to pay Rs.5,000/- per month to the wife and Rs.2,000/- month to the minor daughter. Learned counsel for the petitioner has vehemently argued that petitioner has no permanent monthly income, therefore, maintenance granted by the trial Court is on the higher side. Learned counsel for the petitioner further states that since appeal is pending before the appellate Court, therefore, instead of refusing the stay, learned appellate Court CRM No. M-9157 of 2011 (O&M) -2- ought to have ordered the payment of interim maintenance on the lower rate. I find some substance in the argument of the learned counsel for the petitioner. Present petition is disposed of with the direction that petitioner shall keep on paying maintenance to the wife @ Rs.2,000/- per month and to the child @ Rs.1,000/- per month during the pendency of appeal. He will deposit entire arrears @ Rs.2,000/- per month and @ Rs.1,000/- per month as observed hereinabove within 15 days from today, failing which stay granted by this Court during the pendency of appeal shall stand vacated. (Alok Singh) Judge March 25, 2011 R.S.