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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Shamsher Singh – Appellant
Versus
Sunita Rani – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present revision petition has been preferred against the impugned order dated 03.03.2023 passed by the learned Family Court, Sonipat, vide which the objection application in execution application filed by the petitioner under Section 128, Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') was dismissed.
FACTUAL BACKGROUND
2. The marriage between the petitioner and the respondent was solemnized on 18.06.1981 and two children were born out of this wedlock. The children are now adults; the daughter works as an Assistant Professor in Government P.G. Nehru College, Jhajjar while the son is serving as Major in the Indian Army. However, matrimonial dispute ensued between the parties as the respondent-wife refused to fulfill her marital duties and ultimately, stopped cohabitating with the petitioner since 01.12.2005. The petitioner has sent about Rs. 7,00,000/- to the respondent from 01.04.2013 to 31.03.2014 as decipherable from the bank records. In spite of the fact that the respondent having the qualification of M.A., B.Ed, the learned Court below, vide order dated 29.07.2016, granted her Rs. 10,000/- per month as maintenance under Section 125 Cr.
Maintenance orders can be executed in jurisdictions based on temporary residence, affirming a spouse's right to choose the execution venue under the Code's provisions.
Limitation - Recovery of arrear maintenance - When main petition claiming arrear was pending and kept alive, filing of subsequent petition was only to specify exact amount accrued due upto date. Such....
Point of law: Enforcement of the order of maintenance is provided under Section 128 of Cr.P.C., giving option to the wife to seek enforcement either in a place where the order was passed or in a plac....
The main legal point established in the judgment is the importance of ensuring that the wife and/or child of the husband are not left to destitution and vagrancy if they do not have the means to main....
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
Imprisonment for non-payment of maintenance under Section 125(3) of the Cr.P.C. serves as a mode of enforcement and does not discharge the underlying liability; the court can impose sentences for eac....
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