COURT ON ITS OWN MOTION Vs. GURDEEP SINGH

JUDGEMENT

(1.) On August 30,1990, while admitting F.A.O. No.157-M of 1989, filed by the husband Gurdeep Singh against the order of dismissal of his application dated August 29,1989 under Section 9 of the Hindu Marriage Act, with regard to the maintenance payable to the respondent-wife an interim order was made in the following terms :-

(2.) It appears that after the admission of the appeal, the appellant i.e. the husband did not take steps to instruct his counsel Sh.R.S. Sihota and despite the fact that notices were issused to the appellant to appear in Court in order to clear the amount, he did not do so on December 3,1991 accordingly, an order was made in the appeal that a show-cause notice be issed to the appellant as to why proceedings under the Contempt of Court Act be not initiated against him for not complying with the order of this Court with regard to the payment of maintenance to the respondent . The appellant did appear in response to this notice and a number of subsequent proceedings took place. It was also asserted by the counsel for the appellant before this Court that the some amounts towards interim maintenance had been fixed before the Magistrate under Section 125 of the Code of Criminal Procedure as well and this amount should be adjusted in this Court and that in any case the amount of Rs. 500/- granted on August 30,1990 was excessive. This assertion was recorded in the order of this Court dated July 15,1992 and a direction was issued that from May 1992 to July 1992, maintenance at the rate of Rs. 250/- per month be given to the respondent-wife and the question regarding modification of the quantum of maintenance would be finally decided later. It is the case of the appellant that subsequently Civil Misc No. 8146-M of 1991 was moved in which a direction was sought that the order dated August 30, 1990, should be modified and the maintenance be fixed at the rate of Rs. 250/- per month, which admittedly has already been granted by the Magistrate in the proceedings under section 125 of the Code of Criminal Procedure vide his order dated October 14, 1991.

(3.) The respondent's counsel Mr. Manchanda, has, however,urged that the amount of maintenance even at the rate of Rs. 250/- per month has not been fully paid up and that in any case, up to the date this court modifies the order dated August 30, 1990, his client was entitled to claim maintenance at the rate of Rs. 500/- per month.