High CourtsSingle Bench(2012) 12 P&H CK 0044

Harmal and Another vs Lichhmi Devi

Punjab And Haryana At Chandigarh · Decided on 11 December 2012

HON’BLE JUDGES
Ram Chand Gupta, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 1680 of 2012 (O and M)

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Judgment

9 paragraphs · 264 words

Ram Chand Gupta, J.—The present revision petition has been filed against order dated 06.03.2012 passed by learned District Judge,

Family Court, Bhiwani vide which petitioners were directed to pay Rs. 2,000/- each to respondent for her maintenance. I have heard learned counsel for the parties and have gone through the whole record including the impugned order.

2.

Admitted facts are that, respondent is wife of petitioner No. 1 -Harmal and mother of petitioner No. 2 -Rajesh Kumar. She was turned out of

the matrimonial home. She has no income to maintain herself. Petitioners own sufficient agricultural land measuring about 20 acres. They were directed to pay interim maintenance to respondent by learned trial court during the pendency of petition u/s 125 Cr.P.C. However, when the case was fixed for payment, none appeared on their behalf and hence, they were proceeded ex parte. No application was moved on behalf of the petitioners to set aside the said order. Learned District Judge, Family Court, Bhiwani relied upon un-rebutted evidence adduced by the

respondent-wife, who also placed copy of Jamabandi, Ex. P1 and copy of release deed, Ex. P2 on the record showing that petitioners own sufficient agricultural land and hence, they were directed to pay Rs. 2,000/- each as maintenance to respondent. The impugned order is based on

evidence.

3.

In view of the aforementioned facts, it cannot be said that any illegality or material irregularity has been committed by learned court below in

passing the impugned order, warranting interference by this Court. Hence, the present revision petition is, hereby, dismissed being devoid of any

merit.