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[Cites 3, Cited by 1]

Punjab-Haryana High Court

Vishanpal @ Vishnu vs Hempati on 18 September, 2019

Author: Hari Pal Verma

Bench: Hari Pal Verma

114.
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                          CRR(F)-699-2019
                          Date of decision: 18.09.2019

VISHANPAL @ VISHNU                                        .... Petitioner

                                 versus


HEMPATI                                                    .... Respondent


CORAM: HON'BLE MR. JUSTICE HARI PAL VERMA
                     ----

Present:    Mr. T.P.S.Teji, Advocate,
            for the petitioner.
                                ----

HARI PAL VERMA, J.(Oral)

Petitioner-husband has filed the present revision petition against the order dated 17.08.2019 passed by the learned Principal District Judge, Family Court, Bhiwani, whereby on an application filed by the respondent- wife under Section 125 Cr.P.C., the learned Family Court has awarded interim maintenance to the respondent @ Rs.12,000/- per month.

Counsel for the petitioner, while making reference to the pay slip (Annexure P-1) issued by the Directorate General Central Reserve Police Force, for the month of June, 2019, states that the gross salary of the petitioner comes to Rs.36,366/- and after getting compulsory deductions, the net payable salary comes to Rs.32,680/-. The petitioner is required to come all the way from Trivenderam (Kerala) to attend the court proceedings which are pending at Bhiwani and in this manner, sufficient expenses are bound to be incurred on travelling and other allied expenses. He further states that on the relevant date when the marriage between the parties was solemnized, the 1 of 2 ::: Downloaded on - 07-10-2019 19:18:25 ::: CRR(F)-699-2019 -2- respondent was not of marriageable age and for this purpose, the petitioner had already filed a petition under Sections 12 and 13 of Hindu Marriage Act for annulment of the marriage, which is pending before the Court at Sonipat. Further, the petitioner is ready to settle the dispute with the wife for all times to come and therefore, let mechanism of mediation be adopted in the case.

I have heard counsel for the petitioner.

So far as maintenance awarded by the Family Court is concerned, same is interim in nature. Considering the salary being drawn by the petitioner and the amount of maintenance awarded to the respondent, this Court finds that there is no reason to interfere in the matter at this stage.

However, as regards the submission made by counsel for the petitioner that the mechanism of mediation be adopted in the case, this Court has no doubt in its mind that in case such like prayer is made before the Family Court at Bhiwani, before proceeding in the case, the Family Court shall explore the possibility of mediation between the parties.

With this, the present petition is disposed of.





                                               (HARI PAL VERMA)
                                                    JUDGE
18.09.2019
sanjeev
             Whether speaking/reasoned?        Yes/No
             Whether reportable?               Yes/No




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