Punjab-Haryana High Court
Sanjeev Kapoor vs Chandana Kapoor And Others on 5 November, 2019
Author: Hari Pal Verma
Bench: Hari Pal Verma
215.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-4663-2019
Date of decision: 05.11.2019
SANJEEV KAPOOR ... Petitioner
versus
CHANDANA KAPOOR AND OTHERS .... Respondents
CORAM: HON'BLE MR. JUSTICE HARI PAL VERMA
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Present: Mr. Varun Baanth, Advocate, for
Mr. A.K. Jain, Advocate, for the petitioner.
Mr. Siddharth Gupta, Advocate, as Legal Aid Counsel,
and Mr. Rishabh Jain, Advocate,
for the respondents.
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HARI PAL VERMA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is to set aside the order dated 05.01.2019 whereby the application filed by the respondents for recalling the order dated 06.05.2017 (Annexure P-1) was allowed.
Parties are present in person in the Court. They have been interacted at length. No settlement could be arrived at.
Learned counsel for the respondents-Legal Aid Counsel has informed this Court that vide order dated 05.01.2019, the order dated 06.05.2017 passed by the Family Court was set aside and the application for restoring the petition filed by the respondents under Section 125 Cr.P.C. was allowed and the main petition was restored to its original number.
Heard counsel for the parties.
1 of 2 ::: Downloaded on - 19-01-2020 04:00:28 ::: CRM-M-4663-2019 -2- The order dated 06.05.2017 was passed on the basis of compromise entered into between the parties. As per compromise, petitioner was required to deposit Rs.25,000/- per month directly in the bank account of his wife on 10th of every month for the maintenance of respondents No.2 and 3. It was also agreed that respondent No.1-wife and petitioner would file a petition for divorce by mutual consent. However, the said compromise entered between the parties could not be materialized. Accordingly, the Family Court, Faridabad, vide order dated 05.01.2019 set aside the order dated 06.05.2017 and restored the petition filed under Section 125 Cr.P.C. to its original number.
Since, the compromise entered between the parties could not mature, this court finds that there is no illegality in the impugned order dated 05.01.2019 passed by the Family Court Faridabad.
Accordingly, the present petition is hereby dismissed. However, the Family Court shall pass a fresh order on the petition filed by the respondents under Section 125 Cr.P.C. including the order of interim maintenance. In case, the petitioner has paid any maintenance during the interregnum period, the same shall be taken into consideration by the Family Court.
(HARI PAL VERMA)
JUDGE
05.11.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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