SUNIT KUMAR Vs. RITA

JUDGEMENT

(1.) The present revision petition has been preferred for setting aside of order dated 27.02.2013, passed by the learned District Judge, Family Court, Hisar, whereby, petitioner was ordered to undergo imprisonment of twelve months on account of non-payment of arrears of maintenance to his wife and the minor daughter, as ordered by the trial court. The admitted facts as taken out of the impugned order are as under:-

(2.) In execution application No. 55 dated 04.02.2013 the respondents herein i.e. the wife and the minor daughter of the present petitioner i.e. the husband sought recovery of arrears of maintenance allowance of Rs. 3,60,000/- for the period from 19.05.2009 to 03.02.2013 @ Rs. 8,000/- per month as per courts order dated 04.12.2012 inter alia pleading that an amount of Rs. 22,000/- had already been paid by the CRR No. (F) 9 of 2013 (O&M) 2 husband and now a balance amount of Rs. 3,38,000/- is still due against the husband (the present petitioner). Admittedly the arrears of maintenance allowance if calculated @ Rs. 8,000/- per month for the period from 19.05.2009 to 19.01.2013 comes to Rs. 3,52,000/-and out of the said arrears of maintenance the respondents herein had already received a sum of Rs. 22,000/- from the husband, the petitioner herein and now an amount of Rs. 3,30,000/- is due against the husband the petitioner herein on account of arrears of maintenance allowance from the period from 19.05.2009 to 19.01.2013. This amount became due and payable when on 04.12.2012, a final order awarding maintenance allowance to the respondents (wife and minor child) was passed against the husband. In an execution application, the husband/petitioner had made a statement to the effect that he is not in a position to pay the arrears of maintenance. So, finding no other alternative the District Judge-cum-Family Court, Hissar, vide order dated 27.02.2013, sentenced the husband to undergo imprisonment for a period of twelve months on account of his failure to pay the arrears of maintenance with the condition that in case the husband clears the said amount of Rs. 3,30,000/-, he shall be released, forthwith.

(3.) Aggrieved against the order dated 27.02.2013, the husband/petitioner has filed this Revision Petition on which notice of motion was issued to the respondents on 19.03.2013, which reads as under: