AJAY GHAI Vs. HARSH

JUDGEMENT

(1.) In a decision recorded by the learned Additional Chief Judicial Magistrate, Nalagarh, District Solan 'upon' an application preferred before him under Section 125 of the Code of Criminal Procedure, 'he assessed' maintenance in sum(s) of Rs. 1500/- each vis-a-vis respondent No. 1 herein and vis-a-vis respondent No. 2, herein. The decision aforesaid recorded by the learned Additional Chief Judicial Magistrate 'stood through an apposite application put to execution' before the Court concerned whereupon it ordered for sum(s) aforesaid standing coercively realized from all the assets of the petitioner herein. The petitioner herein stands aggrieved there from hence prefers the instant petition for begetting reversal thereof. However, before proceeding to gauge the validity of the impugned order, it is befitting to advert to the important fact 'that' during the pendency of Hindu Marriage Petition No. 10 NL/3 of 2013, titled as Harsh v. Ajay Ghai, the learned Court concerned revered Ext. CA, exhibit whereof comprises a 'Fargati Nama' recorded interse the parties at the lis, wherein they display that with there occurring bitter estrangements interse both, thereupon their marriage standing both mentally besides physically irretrievably broken down, hence on anvil thereof they sought dissolution of their marital ties, whereupon 'it, in consonance therewith proceeded to pronounce a decree of severance of their marital ties'. Even though, Ext. CA records the evident fact that 'all disputes' existing interse both, standing amicably settled, also a perusal thereof discloses that respondent No. 1 herein had abandoned her apposite claim with respect to a sum of Rs. 1500/-awarded to her 'as maintenance' by the learned Additional Chief Judicial Magistrate, Nalagarh. However, despite the aforesaid abandonment by respondent No. 1 herein 'of her claim' with respect to maintenance comprised in a sum of Rs. 1500/-, 'yet' she along with her minor daughter Kumari Aarti proceeded to institute a petition under Section 128 of the Code of Criminal Procedure, before the Court concerned, wherein she sought realization from the petitioner herein, 'of' sum(s) of Rs. 1500/- each awarded as maintenance respectively vis-a-vis her and vis-a-vis her minor daughter. The learned Additional Chief Judicial Magistrate, Nalagarh, for hence ensuring satisfactory realization of award of maintenance in sum(s) of Rs. 1500/- each per month, pronounced respectively with respect to the respondents No. 1 and respondent No. 2 herein, proceeded to order for initiation of coercive process(es) against all the assets of the petitioner herein. The ordering of coercive process(es) by the learned Additional Chief Judicial Magistrate, Nalagarh, 'for ensuring' satisfactory realization of arrear(s) of maintenance in sum(s) of Rs. 1500/- per month, as stood assessed respectively upon the respondents, however 'suffers invalidation' with respect to the apposite claim of respondent No. 1 'significantly' with hers, under Ext. CA, abandoning all her claims against the petitioner herein, thereupon she obviously stood barred to institute any petition for 'its' realization from the petitioner. Also, the learned Additional Chief Judicial Magistrate, Nalagarh, was barred to irrereve Ext. CA, wherein recitals occur with respect to respondent No. 1 herein, abandoning her claim with respect to a sum of Rs. 1500/- per month, awarded as maintenance upon her by the learned Additional Chief Judicial Magistrate, Nalagarh, nor in respect of realization thereof, he held any jurisdictional empowerment to order for issuance of warrants of attachment of both the move able and the immovable property(s) of the petitioner herein.

(2.) A close perusal of Ext. CA which stood revered by the learned Judge, Lok Adalat for its 'in consonance therewith' ordering for dissolution of marital ties of the petitioner herein with the respondent No. 1 herein, makes no disclosure with respect to respondent No. 1 herein, recording any recital therein 'manifestative of its' execution also ensuing for the benefit and welfare of minor respondent No. 2, herein. Also there exists no recital therein that while hers safeguarding the interest(s) of Kumari Aarti, respondent No. 2, herein, thereupon hers proceeding to also, on behalf of the latter, abandoning her claim with respect to a sum of Rs. 1500/-, pronounced as maintenance upon her by the learned Additional Chief Judicial Magistrate, Nalagarh. Consequently, there was no bar for Kumari Aarti to proceed to, through her mother and natural guardian, respondent No. 1 herein, make an endeavour for realization, 'through' coercive process(s), of maintenance amount(s) comprised in a sum of Rs. 1500/- per month, from the estate of the petitioner herein.

(3.) Moreover, importantly a sum of Rs. 1500/-, awarded as maintenance, vis-a-vis Kumari Aarti was also not amenable for its being compromised nor it was amenable for waiver or its abandonment by the respondent No. 1, significantly when thereupon she would be construed to be not safeguarding besides protecting the interest of minor respondent No. 2 herein, nor could she make any apposite waiver in respect thereto 'given' the imperativeness of minor respondent No. 1 requiring the aforesaid sum towards her well being and upkeep, nor also reiteratedly respondent No. 1 herein could claim that by abandoning the aforesaid claim(s) assessed vis-a-vis Aarti, she hence, was befittingly protecting and safeguarding the interest in litigation of minor Aarti. Cumulatively the impugned order pronounced with respect to a sum of Rs. 1500/-per month, assessed as maintenance upon minor respondent No. 1 'is amenable' for its realization, 'through' coercive process(s) from the assets of the petitioner herein nor hence the impugned order to that extent is amenable for its being quashed and set aside.