DIKSHA RANI Vs. DEEP CHAND

JUDGEMENT

(1.) DIKSHA Rani, estranged wife of Deep Chand respondent, filed a petition under Section 125, Cr.P.C. for grant of maintenance for herself and her child, named, Rishav. On 22.3.2003, Sub -Divisional Judicial Magistrate, Kharar awarded an ad -interim maintenance of Rs. 800 per month to the wife and an amount of Rs. 700 per month to the child. The respondent -husband failed to honour the orders. The petitioners filed an application under Section 128(3), Cr.P.C. for enforcement of the order, referred to above. The respondent -husband was taken into custody for non -payment of the maintenance awarded by the Court. However, after expiry of one month he was released on 20.2.2004, though he had not made any payment to the petitioners. The petitioners filed revision against this order, which is dismissed in default for want of prosecution on 6.7.2005. The present petition has been filed impugning the said order passed by Addl. Sessions Judge, Fast Track Court, Ropar. Numerous efforts have been made to serve the respondent -husband. Even attempt was made to serve him through the Counsel representing him before the trial Court, but the respondent has been able to evade service somehow. Ultimately, he was served through his mother for 31.10.2006, but still he did not appear before this Court. Thereafter another notice was served upon him, but still the respondent -husband has somehow evaded the service. He is not even appearing before the trial Court.

(2.) I am of the considered view that the respondent is deliberately not appearing and is aware of the present proceedings pending against him before this Court. He appears to have deliberately chosen to avoid appearance. This approach cannot be permitted and if allowed would effect the administration of justice.