High CourtsSingle Bench(2020) 08 J&K CK 0065

Gurdev Singh vs Daljeet Kour

Jammu And Kashmir High Court · Decided on 11 August 2020

HON’BLE JUDGES
Rajnesh Oswal, J
RESULT
Disposed Off
CASE NUMBER
Criminal Miscellaneous Case No. 689 Of 2018, Criminal Miscellaneous No. 448 Of 2019, IA No. 1 Of 2018

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Judgment

8 paragraphs · 213 words

Rajnesh Oswal, J

The instant petition is a classical example of abuse of the process of law, in which the petitioner has not only deprived his distressed wife from maintenance but also misled the Court to seek interim relief. The petitioner despite already having availed remedy of filing petition under Section 561-A Cr. P C, has yet again filed a similar petition seeking similar relief without disclosing the factum of dismissal of the earlier petition filed by him under Section 561-A Cr.P.C. Not only that, the petitioner has also impugned order dated 28.06.2013 by filing revision petition. This is a sheer abuse of process of law.

Learned counsel appearing for the petitioner has submitted that he was not aware about the filing of earlier petition by the petitioner, he may be allowed to withdraw this petition.

This Court could have imposed heavy costs on the petitioner.

However, viewing the fact that the petitioner is a driver by profession, this

Court is taking a lenient view by not imposing the costs.

Accordingly, the petition is dismissed as withdrawn along with connected CM(s). However, the petitioner shall deposit whole of the amount of maintenance due to the respondent till date within a period of 60 days from today. Interim direction stands vacated.

Disposed of accordingly.