PUNEET CHOPRA Vs. URVASHI AND ANOTHER

JUDGEMENT

(1.) Petitioner who is husband has sought the quashing of order dated 07.03.2015 passed by Judicial Magistrate, 1st Class, Ludhiana whereby his objections have been dismissed. Respondents, wife and daughter of the petitioner were granted maintenance @ Rs. 20,000/- w.e.f. the date of the order. Challenge to the impugned order dated 27.03.2015 is on the ground that the final order shall have the effect of nullifying the interim order dated 12.06.2012 passed in favour of respondents granting interim maintenance w.e.f. 05.01.2012 @ Rs. 15,000/- per month. Learned counsel for the petitioner has mainly challenged the execution and recovery of amount of arrears of interim maintenance for the period prior to 22.07.2014 which has neither been paid by the petitioner in total nor could be executed till date.

(2.) Learned counsel for the petitioner has stated that whatever interim maintenance has been paid by the petitioner during period from June, 2012 to July, 2014 may be retained by the respondent-wife but no additional amount can be imposed.

(3.) Learned counsel for the petitioner has raised arguments on the basis of the observations made in the judgment of Apex Court in Prem Chandra Aggarwal and another v. U.P. Financial Corporation and others, 2009 6 SCR 931 (Civil Appeal No.2769 of 2009 decided on 23.04.2009) wherein it has been observed that when final order has been passed by the High Court obviously all interim orders passed by the High Court in the same writ petition cease to exist automatically.