PRIYAL Vs. PRADEEP KUMAR KAMBOJ

JUDGEMENT

(1.) PRIYAL is minor daughter of Dr. Pradeep Kumar Kamboj and Dr. Nirupama wife of Dr. Pradeep Kumar Kamboj. Dr. Pradeep Kumar Kamboj is residing in United States of America. Priyal (minor) through her maternal grand father/attorney of Dr. Nirupama made an application under section 125 Cr.P.C. (Application No. 15 of 11.10.1991) in the Court of Judicial Magistrate Ist Class, Chandigarh against her father Dr. Pradeep Kumar Kamboj for the grant of maintenance. Vide order dated 5.9.1992, the Magistrate granted Rs. 500/- per mensem to the child as interim maintenance against her father. As per Shri Harkishan Lal Chopra, who is the maternal grand father/attorney of minor's mother Dr. Nirupama, Dr. Pradeep Kumar Kamboj never engaged Narotam Kaushal, Ms. Manjula Kaushal or Shri R.B.S. Chahal, Advocate for filing Criminal Revision No. 739 of 1992 against the order passed by Shri Jagdip Jain, Judicial Magistrate Ist Class, Chandigarh. Filing of Criminal Revision No. 739 of 1992 was fake was challenged through Criminal Misc. No. 5230/M of 1994 (titled Priyal v. Pradeep Kumar Kamboj). Dr. Pradeep Kumar Kamboj and his counsel Shri Narotam Kaushal and Ms. Manjula Kasuhal and others have rendered themselves liable for criminal prosecution by this Court for their filing fake power of attorney, false sworn affidavit etc. in Criminal Revision No. 739 of 1992 under Sections 420/468/471/474 IPC etc. Shri Narotam Kaushal had filed a fake application for cancellation of the interim ex parte order without any authority when Dr. Pradeep Kumar Kamboj was in the U.S.A. Through this Criminal Misc. No. 22411 of 1998 filed by Priyal (Minor) daughter of Dr. Pradeep Kumar Kamboj, she has prayed that the order dated 24.3.1998 passed by this Court be modified as the same was obtained by fraud and dishonesty practised on this Court. She has prayed for the recall and modification of the order dated 24.3.1998 and by way of consequential relief this Court may pass a speaking order and hold a judicial enquiry under Article 235 of the Constitution of India for determination of the legality and propriety of the proceedings by Shri Darshan Singh, Chief Judicial Magistrate, Chandigarh in defiance of the law laid down by the Hon'ble Supreme Court in Smt. Kuldip Kaur v. Surinder Singh and others, AIR 1989 SC 232. The Hon'ble Supreme Court in that case has laid down that defaulting father be put in jail till he makes payment of maintenance allowance. Default in payment of maintenance allowance to his neglected female child by the respondent would not absolve him of his liability. Dr. Pradeep Kumar Kamboj is fugitive. He has failed to appear before the Court of the Magistrate despite summons having been sent to him by the Chief Judicial Magistrate, Chandigarh through the Ambassador of India in United States of America (Indian Embassy).

(2.) THE order dated 24.3.1998 passed by Dr. Sarojnei Saksena, J. in Criminal Misc. No. 21049/M of 1998 reads as follows :

(3.) ORDER dated 24.3.1998 passed by the this Court cannot be sustained as the same was not passed by the Court after hearing the minor or her natural guardian or the attorney appointed by her natural guardian or her counsel.