IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.18305-M of 2008 (O&M)
Date of decision : 02-02-2009
Indra Devi
....Petitioner
VERSUS
Himanshu @ Heena & another
....Respondents
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Ms. Anju Arora, Advocate,
for the petitioner.
Mr. Praveen Hans, Advocate,
for respondent No.1.
Mr. Pankaj Mehta, Advocate,
for respondent No.2.
KANWALJIT SINGH AHLUWALIA, J. (Oral)
In the present case, Himanshu @ Heena had instituted a
petition u/s 125 Cr.P.C. against her father Satish Kumar and mother Smt.
Indra Devi. Satish Kumar and Smt. Indra Devi now have been divorced. It
is stated that Satish Kumar was plying a taxi whereas Indra Devi was
posted as a teacher and was earning salary of Rs.15,000/-. On a petition
for maintenance filed, Sub Divisional Judicial Magistrate, Hansi directed
that mother Indra Devi should pay Rs.2500/- p.m. as maintenance. Father
was also directed to pay Rs.1500/- p.m. as maintenance.
Aggrieved against the order, Smt. Indra Devi had filed a
revision in the Court of Addl. Sessions Judge, Hisar. Then minor daughter
Himanshu @ Heena also filed revision against the order.
The Court of Addl. Sessions Judge, Hisar upheld the
maintenance awarded by the Court of Sub Divisional Judicial Magistrate,
Hansi.
The present petition bearing Crl. Misc. No.M-18305 of 2008
was filed for quashing the order of the Sub Divisional Judicial Magistrate
and the order of Addl. Sessions Judge, Hisar, to say that Rs.2500/- should
not have been awarded as a maintenance and in alternative same is
Crl. Misc. No.18305-M of 2008 (O&M)
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excessive.
During pendency of the proceedings, Himanshu @ Heena
has attained majority. She is now aged about 18 years and few days.
Himanshu @ Heena has been brought by her grand mother
Smt. Vidhywanti. On last date of hearing before the Coordinate Bench, an
effort was made to resolve the dispute once for all. Indra Devi had offered
to pay a lump-sum amount of Rs.2 lacs but it was not agreed and Rs.4 lacs
were demanded. Today Indra Devi petitioner, Himanshu @ Heena
unmarried daughter and her grand mother Vidhywanti are present in Court.
It has been submitted by the counsel for Himanshu @ Heena that since
she is to be married, they have agreed to accept the offer of Rs.2 lacs.
Counsel for the petitioner has stated that they are ready and
willing to deposit Rs.2 lacs in the FDR and Himanshu @ Heena will be
entitled to interest to be earned on the FDR each month till her marriage is
to be solemnized. It has been further submitted that on the occasion of the
marriage, the FDR be encashed and spent for the marriage of Himanshu
@ Heena.
A compromise arrived to this effect has been placed on
record. The same has been signed by Himanshu @ Heena who has
become major and her grand mother Vidhyawanti. They have been
identified by their counsel Mr. Parveen Hans, Advocate, on the deed of
compromise.
Indra Devi, another signatory to the agreement, has been
identified by Ms. Anju Arora, Advocate,
Accordingly, present petition is disposed off with the
direction that petitioner will deposit Rs.2,00,000/- in the State Bank of India,
Hansi, on 18-2-2009 and Himanshu @ Heena will be present at the bank
along with necessary documents for identification and opening of the
Crl. Misc. No.18305-M of 2008 (O&M)
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account. The amount shall be kept in the Fixed Deposit Receipt and the
interest accrue thereupon shall be disbursed to Himanshu @ Heena every
month and the amount of Rs.2,00,000/- shall be paid to Himanshu @
Heena at the time of her marriage with the consent of petitioner Indra Devi.
Copy of this order along with photocopy of the Fixed Deposit
Receipt duly attested by the Manager, State Bank of India, Hansi, along
with application will be placed before the trial Court, who after verifying the
same, shall consign the proceedings to the records.
(KANWALJIT SINGH AHLUWALIA)
2-2-2009 JUDGE
manju