Punjab-Haryana High Court
Paramjit Kaur And Others vs Balwinder Singh And Others on 24 January, 2013
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.3945 of 2012(O&M)
Date of decision:24.01.2013
Paramjit Kaur and others ...Petitioners
versus
Balwinder Singh and others ....Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. Sunny Singla, Advocate,
for the petitioners.
None for respondent No.2.
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1. Whether reporters of local papers may be allowed to see the
judgment ? No.
2. To be referred to the reporters or not ? No.
3. Whether the judgment should be reported in the digest ? No.
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K.Kannan, J. (Oral)
The revision is against the order of dismissal of the petition seeking for restraint against the husband of the first petitioner from alienating the property to the second respondent or to any other person. The apprehension of the petitioner was that the husband was attempting to alienate the properties with a view to defeat and delay the claim for maintenance and to screen the property from their reach to enforce their claim if a decree were to be passed. The Court has dismissed the petition and in revision, the counsel also argues that subsequent to the filing of the petition, the Civil Revision No.3945 of 2012(O&M) -2- petitioner's own apprehension stood vindicated by the fact that the first respondent has alienated some properties. There was definitely therefore a basis for the petitioner to seek for a restraint since the law allows for a charge for a maintenance claim against the properties held by the person who was bound to maintain. The Court ought to have granted the relief of injunction on the facts disclosed and the undisputed situation of the item of the property having already been sold by the husband. The order impugned is set aside and the civil revision is allowed granting to the petitioners the relief of injunction as sought for.
(K.KANNAN) JUDGE 24.01.2013 sanjeev