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.P.C.

3. Thereafter, the respondent filed an Execution Petition on 18.03.2017 before learned Family Court, Sonipat, claiming an amount of Rs. 3,05,000/-, which was dismissed as withdrawn. However, the respondent filed another Execution Petition on 03.09.2021 before the learned Family Court claiming Rs. 5,20,000/- as the maintenance allegedly due from 16.04.2017. Consequently, the petitioner filed an objection petition contenting that the respondent is totally dependent on their daughter, as reflected by the affidavit submitted by the daughter to the college authorities. The respondent has been living with their daughter and enjoying facilities provided by the State government and has obtained the said decree by concealing this fact. However, the objection application was dismissed by the learned Family Court vide impugned order. Aggrieved by the same, the petitioner-husband has preferred the present petition.

CONTENTIONS

4. Learned counsel for the petitioner, inter alia, contends that the learned Court below did not have the territorial jurisdiction to pass the impugned order as per the provisions of Section 128 Cr.P.C. The respondent was residing at Sonipat at the time of filing of application under Section 125 Cr.P.C. and accordingly invoked jurisdiction of the learned Family Court, Sonipat. However, the respondent is a permanent resident of Rohtak, which is also the place where the parties last cohabitated. The respondent has maliciously concealed her real address which is Quarter No. 7, Government P.G. Nehru College, Jhajjar where she is residing with their daughter to invoke the territorial jurisdiction of Family Court in Sonipat. The impugned order has been passed in view of order dated 29.07.2016 vide which the petitioner was directed to pay maintenance to the respondent. However, the order dated 29.07.2016 has been obtained by the respondent by concealing material facts and is not executable in the eyes of law. The respondent had mentioned her Sonipat address in all her pleadings, however, when the petitioner sent a registered post to the same it was returned on 14.02.2020 with remarks- 'Left-Return to Sender.'

5. Learned counsel further submits that the respondent has claimed reimbursement of medical bills several bills, showing herself to be a dependent on their daughter, who is an Assistant Professor at the said college. Furthermore, as per Section 125(3) Cr.P.C., no warrants for recovery of any amount granted as maintenance under Section 125 Cr.P.C. unless an application to this effect is made to the Court within one year from the date on which it became due. In the present case, the Execution Petition was filed on 03.09.2021 by the respondent, claiming arrears from 16.04.2017 to 16.08.2021. As such, the learned Court below has erred in dismis