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High Courts(1995) 03 AHC CK 0099

Panna Lal vs Jai Devi & Ors.

Allahabad High Court · Decided on 8 March 1995

HON’BLE JUDGES
U.P.Singh, J and S.K.Phaujdar, J
RESULT
Disposed Of
CASE NUMBER
Writ No. 6009 of 1995

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Judgment

5 paragraphs · 369 words
1.

Heard the counsel for the petitioner. Respondent Nos. 2 and 4 are represented by the State Counsel notices on the respondent Nos. 1 and 2 be effected under the registered cover to be submitted within two days returnable within two weeks.

2.

This petition has been filed against the recovery order whereby a sum of Rs. 11,600 is being recovered from the petitioner which is to be paid as maintenance cost to the respondent Nos. 1 and 2, the mother and the son. The matter is pending in the Family Court and against an interim order, the petitioner came to this court in the year 1994. This Court directed the petitioner to pay a consolidated amount of Rs. 350 per mouth a; maintenance to both, the mother and the son, during the pendency of the proceeding. It appears that the matter is still pending and has not been finally disposed of. In the meanwhile warrant of arrest has been issued again the petitioner for the recovery of the amount.

3.

In all such matters, the Family Court should make effort for compromise between the parties and they should cooperate in such matters. Learned counsel appearing for the petitioner States that the petitioner is ready to keep his wife and child and the matter may be used. In order to have instruction and file a compromise application we are issuing notices to the ties and they may come up with, an application for compromises.

4.

In the meanwhile, some interim arrangement may be made for the maintenance of the lady and the child and as directed by this Court an interim amount of Rs. 350 has to be paid but for the time being we direct that the petitioner shall pay a lump sum amount of Rs. 3,000 within one week from today. The petitioner shall pay the cash amount of Rs. 3,000 within one week to respondent No. 1 personally and shall obtain a receipt from her. If this amount shall not be paid within this period, the warrant of arrest shall be executed. The recovery proceeding and the warrant of arrest in pursuance thereof shall remain stayed for the time being.

5.

List this petition on 341995.