CRR(F)-416-2020

1

108

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR(F)-416-2020

Date of Decision: 05.01.2021

Vijay

.. Petitioner

Vs.

Suman Lata and another

..Respondents

CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Dinesh Arora, Advocate for the petitioner.

...

Manoj Bajaj, J. (Oral)

Vijay-petitioner has filed this revision petition to challenge the

order dated 03.02.2020 passed by the Principal District Judge, Family

Court, Bhiwani, whereby his objection/application for recalling of

conditional warrant of arrest was dismissed and the petitioner has been

directed to pay the maintenance to the respondents awarded under Section

125 Cr.P.C.

The facts pleaded in the petition are that the respondent No.1

(Suman Lata) solemnized her second marriage with the petitioner on

23.07.2007 and soon after the marriage, the petitioner noticed her indecent

behaviour, and his wife disclosed that she was not happy with the marriage.

The couple was blessed with a daughter on 26.11.2009. As per the

pleadings, the respondent No.1 left the matrimonial house and filed a

complainant against the petitioner on 10.12.2013, however, as the

allegations were baseless, so no action was taken on the said complaint by

the Senior Superintendent of Police, Bhiwani.

JASMINE KAUR

2021.01.13 13:34

I attest to the accuracy and

authenticity of this document

CRR(F)-416-2020

2

The respondent No.1 filed a petition under Section 125 Cr.P.C.

before the District Judge (Family Court), Bhiwani on 09.01.2014 against the

petitioner and claimed maintenance @ Rs.25,000/- per month. The Family

Court vide ex parte order dated 16.11.2015 (Annexure P-1) accepted the

prayer and directed the petitioner to pay a sum of Rs.4,000/- per month to

the respondents (Rs.2500/- for respondent No.1 and Rs.1500/- for

respondent No.2) towards maintenance from the date of filing of the

petition.

Apart from this, another petition under Section 12 of the

Protection of Women from Domestic Violence Act, 2005 was filed by the

respondent No.1 against her husband and alleged that he treated her with

cruelty. The said petition was finally dismissed vide order dated 28.02.2018

(Annexure P-2), and aggrieved against the said decision, she filed a

Criminal Appeal bearing No.114/2018, but the same was withdrawn by her

on 19.08.2019 (Annexure P-3) on the basis of the compromise.

According to the petitioner, he had also filed a petition for

dissolution of marriage against respondent No.1 on 04.09.2015, however

the same was dismissed in default on 26.02.2016. As per pleadings, the

maintenance amount awarded under Section 125 Cr.P.C. was later on

enhanced through order dated 02.03.2019 (Annexure P-4), however in an

attempt to resolve the dispute, the parties started residing together, but could

not stay for long and they decided to separate. Later, a written compromise

was executed on 01.10.2019 between the parties and a sum of Rs.7 lakhs

was paid to the wife towards permanent alimony, and they also decided to

dissolve the marriage by filing a petition on the basis of mutual consent. A

copy of compromise is (Annexure P-5).

JASMINE KAUR

2021.01.13 13:34

I attest to the accuracy and

authenticity of this document

CRR(F)-416-2020

3

During the pendency of the execution proceedings under

Section 125 Cr.P.C., the Court issued conditional warrants against the

petitioner for non-payment of the maintenance amount and he was produced

by police before the Court on 18.11.2019. It was at this stage, the petitioner

filed his application/objection for recalling of the conditional warrants of

arrest on the basis of the compromise dated 01.10.2019, which was

dismissed by the Family court, Bhiwani vide impugned order dated

03.02.2020.

Learned counsel for the petitioner has invited the attention of

the Court to the compromise dated 01.10.2019 to contend that once t