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2013 Supreme(P&H) 309

JITENDRA CHAUHAN
Sunit Kumar – Appellant
Versus
Rita – Respondent


Advocates:
Advocate Appeared:
Mr. Saurabh Khurana, Advocate for the petitioner With Mr.Amar Nath Kumar father of the petitioner.
Mr.Vikram Sheoran, Advocate, for respondent No.1 and 2 Smt.Rita, respondent No.1 for her behalf and on behalf of respondent No.2

JUDGMENT

Jitendra Chauhan, J.(Oral)

The present revision petition has been preferred for setting aside of order dated 27.02.2013, passed by the learned District Judge, Family Court, Hisar, whereby, petitioner was ordered to undergo imprisonment of twelve months on account of non-payment of arrears of maintenance to his wife and the minor daughter, as ordered by the trial court.

The admitted facts as taken out of the impugned order are as under:-

In execution application No.55 dated 04.02.2013 the respondents herein i.e. the wife and the minor daughter of the present petitioner i.e the husband sought recovery of arrears of maintenance allowance of Rs.3,60,000/-for the period from 19.05.2009 to 03.02.2013 @ Rs.8,000/-per month as per courts order dated 04.12.2012 interalia pleading that an amount of Rs.22,000/-had already been paid by the husband and now a balance amount of Rs.3,38,000/-is still due against the husband (the present petitioner). Admittedly the arrears of maintenance allowance if calculated @ Rs.8,000/-per month for the period from 19.05.2009 to 19.01.2013 comes to RS.3,52,000/-and out of the said arrears of maintenance the respondents herein had already received a sum



















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