Manoj Kumar vs Geeta And Others
2022 Latest Caselaw 7777 P&H

CRR(F)-383-2020 (O&M)                                      1




 In the High Court for the States of Punjab and Haryana at
                         Chandigarh

                                            CRR(F)-383-2020 (O&M)
                                    Date of Decision: July 26, 2022

Manoj Kumar

                                                               .... Petitioner

                                   Versus

Geeta and others

                                                           .... Respondents

CORAM: HON'BLE MR. JUSTICE VIVEK PURI

Present:     None for the petitioner.

Vivek Puri, J.

None has appeared on behalf of the petitioner

despite pass over. The same was the position on the

previous two dates. Even at the earlier instance, none had

appeared on behalf of the petitioner on 11.11.2020 and

17.11.2020.

The petitioner has assailed the order dated

01.02.2020 passed by the learned Additional Principal

Judge, Family Court, Sonepat, whereby the directions have

been issued to the employer of the petitioner for deduction of

Rs.25,000/- per month from the salary of the petitioner till

the clearance of arrears of maintenance amount.

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The respondents had instituted a petition under

Section 125 of the Code of Criminal Procedure for grant of

maintenance allowance and the same has been allowed in

terms of the judgment dated 14.05.2019 passed by the

learned Additional Principal Judge, Family Court, Sonepat.

A sum of Rs.10,000/- has been awarded in favour of

respondent no.1 and a sum of Rs.4,000/- per month each

has been awarded to respondents no. 2 and 3. The petitioner

has not paid the amount of arrears of maintenance and in

the execution proceedings, the salary of the petitioner has

been ordered to be attached. The petitioner is working in

Janta Cooperative Bank and the directions have been issued

to its Manager for deduction of amount to the extent of Rs.

25,000/- per month and send the same to the Court till

realization.

The perusal of the grounds of revision indicate

that the petitioner has inter alia assailed the impugned order

on the score that he has no source of income except the

monthly salary and is being harassed by the respondent-

wife by initiating unnecessary litigation. The petitioner is

making regular payment of arrears of maintenance. The

respondent-wife has treated the petitioner and his family

with cruelty. The respondent-wife is more competent and

comparatively having higher education than the petitioner.

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Furthermore, the respondent-wife has taken the minor

children in her illegal custody.

It may be mentioned here that there is categoric

plea in the grounds of revision to the effect that the

judgment dated 14.05.2019 vide which the maintenance has

been awarded has been assailed in this Court by way of

CRR(F)-787-2019 titled as "Manoj Kumar vs. Geeta and

others". The legality and validity of the said order is to be

adjudicated in the said proceedings. There is nothing to

suggest that any stay order has been issued therein. The

allegation to the effect that the petitioner has no source of

income and is being harassed by the respondent-wife or she

has treated the petitioner and his family with cruelty or she

is more competent and comparatively having higher

education or the minor children are in illegal custody can be

subject matter of adjudication in the said proceedings. The

plea of the petitioner to the effect that he has been making

regular payment is not substantiated with any material to

justify and establish that he is regularly making the

payment and is not arrear of maintenance. Furthermore, no

material has been placed on record in this regard and even

none has appeared on behalf of the petitioner as observed

above. The maintenance has been awarded in favour of the

respondents and they are within their rights to reap the

fruits of the order awarding maintenance to them.

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In such circumstances, there is no illegality or

irregularity in the event the deductions have been made

from the salary account of the petitioner and directions have

been issued to the employer to send the amount after

deduction till the realization of the outstanding amount of

maintenance.

In these circumstances, the present petition being

devoid of merits, stands dismissed.

July 26, 2022                                         (Vivek Puri)
vkd                                                      Judge

      Whether speaking/reasoned:               Yes/No
      Whether reportable       :               Yes/No




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