High Court Punjab-Haryana High Court

Indra Devi vs Himanshu @ Heena & Another on 2 February, 2009

Punjab-Haryana High Court
Indra Devi vs Himanshu @ Heena & Another on 2 February, 2009
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)
-2-

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)
-3-

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