IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (227) CRR(F) No. 279 of 2021 (O&M)

Date of Decision: 06.4.2026 Tulsi Ram ......Petitioner Versus Prem Lata .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Sanjeev Vijaraniya, Advocate for Mr. V.P.Sangwan, Advocate for the petitioner.

Mr. Amit Sharma, Advocate for Mr. Prateek Gupta, Advocate for the respondent.

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KIRTI SINGH , J. (ORAL)

1. The present petition has been preferred against the order dated 19.7.2021 passed by learned Principal Judge, Family Court, Ambala, under Section 125 of the Cr.P.C., whereby maintenance of Rs. 4,000/- per month from the date of filing of the petition till December 2020, and from January 2021 onwards, Rs. 5,000/- per month was awarded in favour of the respondent. Furthermore, a sum of Rs. 5,000/- was also awarded to the respondent as litigation expenses. Moreover, amount of maintenance was ordered to be set off/adjusted with any other maintenance allowance received by the respondent.

2. The brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 12.12.2000, as per Hindu religious rites and ceremonies. Out of the said wedlock a son was born, who is now aged about 10 years and has been residing under the care and custody of the petitioner. A matrimonial dispute ensued between the couple and the respondent filed a petition under Section 125 Cr.P.C. for seeking maintenance. The petitioner filed a reply and contested the claim made by the respondent. The learned Family Court vide order dated 19.7.2021 granted maintenance to the tune of Rs. 4,000/- per month from the date of filing of the petition till December 2020, and from January 2021 onwards, Rs. 5,000/- per month in favour of the respondent-wife along with Rs. 5,000/- as litigation expenses. Moreover, amount of maintenance was ordered to be set off/adjusted with any other maintenance allowance received by the respondent. Aggrieved by the same, the petitioner has approached this Court by filing the present petition.

3. Learned counsel for the petitioner contends that the learned Principal Judge, Family Court, Ambala, has allowed the maintenance to the respondent on a very higher side. The petitioner has the liability towards his son, who is suffering from mental ailment and the petitioner has been spending Rs. 8,000/- per month towards his medical and other expenses, and is also having monthly expenditure of Rs. 6,000/- towards rent and other expenses, which fact has been overlooked by the learned Family Court. It is further submitted that the respondent has intentionally deserted the petitioner without any reasonable cause. In fact, a panchayat was also convened where the respondent admitted that she wanted to live separately from the petitioner. Subsequently, a compromise was effected between the parties on 04.5.2013, whereby the respondent received an amount of Rs. 3.00 lacs from the petitioner as permanent alimony, and she gave an undertaking that she would not claim any maintenance from the petitioner, and that the custody of the minor son was given to the petitioner. Subsequently, the petitioner filed I attest to the accuracy aan ddivorce petition against the respondent on the ground of cruelty. Vide an ex parte judgment and decree dated 21.2.2014, the marriage of the parties was dissolved by a decree of divorce on the ground of cruelty and adultry. It is submitted that the said decree of divorce was never challenged by the respondent. It is submitted that after a long span of time, the respondent has filed the petition under Section 125 Cr.P.C. levelling general and vague allegations and by concealing the fact with regard to dissolution of her earlier marriage with the petitioner. However, the learned Family Court while passing the impugned order, has failed to consider the abovesaid facts. It is also submitted that the respondent is well qualified and is capable of maintaining herself. It is also submitted that the respo