Jxxxxxx Sxxxx v. Kxxxx Kxxx and Xxx

IN T

Jagdeep Sin Kajal Kaur CORAM:

Present:-

Nidhi Gupta

CRM-28451

for condonati

which is sup allowed subj petition is co MAIN CASE

to the order Court, Faridk Section 125 maintenance and Rs.1,500 filing the app

THE HIGH COURT OF PUNJ CHANDIGAR

ngh Vs. & Another

HON'BLE MS. JUSTIC Mr. H.S. Randhawa, Advo

***** a, J. 1-2024

This is an application und ion of delay of 13 days in filing

After going through the pported by affidavit of the ap ject to all just exceptions and ondoned. E

Challenge in the present dated 27.03.2024 passed by le kot, whereby in an application Cr.P.C., the petitioner/husband h of Rs.4500/- (Rs.3,000/- per m 0/- per month to respondent No plication i.e. 21.02.2022.

JAB & HARYANA AT RH CRR-F-916-2024(O&M) Date of order: 19.07.2024 …..Petitioner(s) …..Respondent(s) CE NIDHI GUPTA ocate for the petitioner. der Section 5 of Limitation Act the petition. e contents of the application, pplicant/petitioner, the same is delay of 13 days in filing the petition filed by the husband is earned Principal Judge, Family filed by the respondents under has been directed to pay interim month to respondent No.1/wife o.2/minor son), from the date of ) )

t , s e s y r m e f

¶2submits that month, as g respondent n Rs.500/- per does not hav It is further s without suffi Cr.P.C., she petition unde however, the support of h judgment of ID # 68167.

3.

¶4perused the c

¶5petitioner w son/responde Admittedly, and custody have been liv filed by the r

At the very outset, lear there is no challenge to the inter granted to respondent No.2/min no.1/wife, it is submitted that r day (around Rs.15,000/- per m ve sufficient means to provide m stated that respondent No.1 has ficient cause and therefore, as p is not entitled to maintenance. er Section 9 of the Hindu Marr e respondent no.1 is deliberatel his contentions, learned counsel this Court in "Raghbir Singh V

No other argument is mad

I have heard learned c case file in great detail.

The facts as discernible was married to respondent ent No.2 was born out of t the minor son/respondent No.2 of respondent No.1. Due to m ving separately. Present petition respondents on 21.02.2022. rned counsel for the petitioner rim maintenance of ₹1500/– per nor son. However, as regards, the petitioner is earning only month). As such, the petitioner maintenance for respondent No.1. deserted the matrimonial home per provision of Section 125(4) The petitioner has even filed a riage Act, 1955 on 24.01.2022, ly delaying the said matter. In l for the petitioner relies upon Vs. Krishna" Law Finder Doc de on behalf of the petitioner. counsel for the petitioner and e from the record are that the No.1 on 09.09.2017. One their wedlock on 01.08.2018. 2 is single-handedly in the care matrimonial discord, the parties n under Section 125 Cr.P.C. was

r r , y r . e ) a , n n c d e e . e s s

¶6of social jus difficult peri had deserted is deliberate Marriage Ac Family Court is no disputin the petitione minor child. per the respo earning Rs.30 is only 5th sta which will b that responde

¶7present one, whereas the The truth lie sake of argu correct, he ca and minor ch Shahid Kha as follows: –

The grant of interim main tice to help the abandoned wif od. The allegations of the petiti the matrimonial home without s ely delaying the proceedings u ct, are all factors which can onl t upon leading of evidence by th ng or escaping the fact that in vi r has the moral and legal oblig The conflicting assertions of bot ondents, the petitioner is doing th 0,000/- per month vis-à-vis the a andard pass and earning only R be determined after evidence. It ent No.1/wife has independent so

It is by now a settled tre the husband tries to depict h wife attempts to show an exagg es somewhere in between. Witho ument, even if the assertion o annot escape his moral and legal hild. The Hon'ble Supreme Co n" (SC) : Law Finder Doc Id # – ntenance is a temporary measure fe and children to tide over the ioner that respondent No.1/wife sufficient cause, as also that she under Section 9 of the Hindu y be determined by the learned he parties. In the meantime, there iew of the admitted relationship, gation to maintain his wife and th the parties to the effect that as he business of confectionary and assertion of the petitioner that he Rs.500/- per day, are also factors is not the case of the petitioner ource of income. end that in matters such as the his income on the lower side, gerated income of the husband. out accepting, however, for the f the petitioner is taken to be l obligation to maintain his wife ourt in "Shamima Farooqui v. # 661024, has categorically held

e e e e u d e , d s d e s r e , . e e e . d

¶8physical infir

¶9125 Cr.P.C. children and Vadodaria Hon'ble Supr

"B. Crimin Section 125 Grant o husband that he w means to pay cann bald excuses - Held

(i) If the husb is in a position to s legal obligation to s

(ii) It is the maintain his wife plead that he is una financial constrain earning."

Admittedly, the petition rmity, and is healthy and able bo

It is oft-repeated and no is a measure of social justic d parents from vagrancy and v. State of Gujarat & Anot reme Court has opined as follow "15. ...While dealin the provision conta it has to be borne primary object is woman, child and prevent destitution those who can sup support themselves support. The provi speedy remedy to destitute parents provisions in Sectio nal Procedure Code, 1973 of maintenance to wife - Plea of was not doing job and had no ot be accepted - These are only d :- band is healthy, able bodied and support himself, he is under the support his wife. e obligation of the husband to - He cannot be permitted to able to maintain the wife due to nts as long as he is capable of ner does not suffer from any odied. o longer res-integra that section ce to protect abandoned wife, destitution. In "Kirtikant D. ther" (1996) 4 SCC 479, the ws: ng with the ambit and scope of ained in Section 125 of the Code, in mind that the dominant and to give social justice to the d infirm parents, etc. and to n and vagrancy by compelling pport those who are unable to s but have a moral claim for isions in Section 125 provide a o those women, children and who are in distress. The on 125 are intended to achieve

f o y d e o o o f y n , . e f

d e o g o r a d e e

¶10above said fa

11.

12.

19.07.2024 Sunena

Whethe Whethe

this special purpose the benevolent prov clearly is that the not be left in a help and starvation…"

Learned counsel for the p actual and legal position.

In view of the above, pres

Pending application(s) if a

er speaking/reasoned er reportable

e. The dominant purpose behind visions contained in Section 125 wife, child and parents should pless state of distress, destitution petitioner is unable to dispute the sent petition is dismissed. any also stand(s) disposed of.

(Nidhi Gupta)

Judge

d d n e