MOHIT Vs. POOJA

JUDGEMENT

(1.) In this petition under Section 482 Cr.P.C. the petitioner husband Mohit has sought quashment of the orders dated 2.8.2019 Annexure P/14 passed by the learned Family Court, Kurukshetra whereby the court had issued conditional warrants of arrest against the petitioner-husband.

(2.) Upon hearing arguments of the two sides and perusal of the records.

(3.) It is undisputedly well writ large on the records that Mohit and Pooja are husband and wife who had fallen apart. It is during the course of events, the wife preferred an application under Section 125 Cr.P.C. and in which she also sought a prayer through separate application for grant of interim maintenance during the pendency of the main petition. The court of learned Judicial Magistrate 1st Class, Kurukshetra allowed a sum of Rs 5000/- per month to the wife. However, upon revision, by the wife over insufficiency of this amount, the court of learned Additional Sessions Judge, Kurukshetra vide orders dated 19.4.2018 enhanced the maintenance to Rs 30,000/- per month. When the husband failed to pay the maintenance arrears in spite of repeated orders by the court led to passing of impugned order dated 2.8.2019 by the Principal Judge, Family Court, Kurukshetra Annexure P/14 whereby the court below holding that the husband was reticent to pay the maintenance amount and thus the court was forced to issue conditional warrants of arrest. The same is subject matter of challenge before this Court.