Himachal Pradesh High Court
Dile Ram vs . Kanta Devi on 29 March, 2022
Bench: Tarlok Singh Chauhan, Sandeep Sharma
Dile Ram vs. Kanta Devi
FAO(FC) No. 22 of 2021.
.
29.03.2022 Present: Mr. Arun Sehgal, Advocate, for the appellant.
Mr. Ashok Kumar Verma, Advocate, for the
respondent.
CMP No. 15307 of 2021.
On 05.03.2022, this Court passed the following
orders:-
"Learned counsel for the appellant prays for and is granted time to file an affidavit clearly disclosing therein how he plans to liquidate the remittance of arrears of maintenance so as to facilitate this Court in releasing the amount of salary that has been withheld by the appellant solely on the ground of depositing the amount. List on 14th March, 2022."
2. In compliance to the aforesaid orders, the appellant has filed an affidavit of compliance, the relevant portion whereof reads as under:-
"2. That in compliance to the direction passed by the Hon'ble Court, it is humbly submitted on behalf of the respondent that Rs.10,000/- maintenance allowance is awarded to the petitioner from the date of the filing of the petition i.e. 07/11/2016, the total maintenance allowance which also included arrear of maintenance is Rs.6,40,000/- till today i.e. March, 2022, out of that Rs.2,30,000/- is deposited in the registry of this Hon'ble Court. Now Rs.4,10,000/- balance has been left.
3. That deponent undertakes that he will pay Rs.10,000/- maintenance allowance regularly after the release of the salary and also undertakes that Rs.80,000/- shall be deposited within a week after the release of the salary and now the arrear/balance maintenance allowance shall be deposited in the ::: Downloaded on - 29/03/2022 20:26:06 :::CIS -2- installment of Rs.50,000/- in every six months. It is .
humbly submitted before this Hon'ble Court that deponent is Beldar in PWD department and getting salary of Rs.21,767/-. So six months time may be given so that he could arrange and save money and will deposit Rs.50,000/- every six month as arrear/balance maintenance amount. The deponent further undertakes that in case he shall found default in paying the maintenance amount then the same may be recovered from the salary of the deponent."
3. At this stage, we are inclined to accede to the request of the appellant, but make it absolutely clear that the appellant will continue to pay Rs.10,000/- towards maintenance regularly after the release of salary by this Court and shall further deposit a sum of Rs.80,000/- within two weeks after release of the salary.
4. As regards the balance maintenance, he shall continue to deposit the same in installment of Rs.50,000/- every six months. It is made clear that in case of default, the appellant, in addition to other action that may be taken against him, shall also be liable to be punished and prosecuted under the Contempt of Courts Act.
5. In view of the undertaking furnished by the appellant, we direct the Executive Engineer, HPPWD, Barsar Division to release the salary of the appellant, save and except Rs.80,000/- which the appellant has undertaken to deposit in the Registry of this Court within one week from today. The application stands disposed of. ::: Downloaded on - 29/03/2022 20:26:06 :::CIS -3-
6. For compliance, to come up on 12.04.2022.
.
CMP No. 248 of 2022.
7. Allowed as prayed for. The applicant/appellant is permitted to deposit the Bank Draft of Rs. 20,000/- in the Registry of this Court. The application stands disposed of.
r to (Tarlok Singh Chauhan)
Judge
(Sandeep Sharma)
29th March, 2022 Judge
(krt)
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