ASHOK CHOPRA Vs. MEENA CHOPRA AND OTHERS

JUDGEMENT

(1.) Marriage of the appellant and respondent No. 1 was solemnized on 26.08.1997. Respondents No. 2 and 3, the minor children born from the wedlock, are in the care and custody of their mother. Marital dispute arose between the couple, leading to the institution of maintenance petition under Section 125 of Cr.P.C. and registration of a case against the appellant under Section 498-A, 406 of the IPC. Interim maintenance was granted by the Magistrate in the proceedings under Section 125 Cr.P.C. directing appellant to pay Rs. 400/- per mensem to each of the respondents. The respondents instituted a suit in the Family Court under Hindu Adoption and Maintenance Act, 1956, claiming award of maintenance @ Rs. 4,000/- per month to each of them and for creating charge over the immovable properties as the respondents apprehended that these properties would be sold in order to deprive them in enforcing maintenance. The Family decreed the suit, granting to each of respondents Rs. 1500/- p.m. as the maintenance allowance and further that they are entitled to recover maintenance amount by creating charge over immovable properties as mentioned in Ex. P-1 and Ex. P-3, which are copies of House Tax Assessment Register for the year 2005-06.

(2.) The defendant-husband preferred this appeal to challenge the judgment and decree passed by the Family Court Hisar, where the respondent plaintiffs are residing: When the instant appeal was taken up on 07.09.2012, following order was passed:-

(3.) The appellant having not disputed the quantum of maintenance as discussed above the decree to that extent is affirmed on this short ground. The solitary question that survives for consideration is whether creation of charge over immovable property by the Family Court at Hisar in respect of immovable property situate at Jind is without jurisdiction.