Kamal Kishore vs Parul Saini

Jyotsna Rewal Dua, J

An application moved by the respondent under Section 23 of the Protection of Women from Domestic Violence Act was disposed of by the learned Chief Judicial Magistrate, District Sirmour at Nahan, H.P. on 07.05.2022. The petitioner was directed to pay monthly interim maintenance of Rs. 30,000/- (Rs.15000/- each on account of maintenance to the respondent and her daughter) w.e.f. the date of filing of the petition i.e. 23.08.2021. The appeal preferred by the petitioner against this order was dismissed by the learned Sessions Judge District Sirmour at Nahan on 21.11.2022. The respondent has moved an application for execution of the order granting her and her daughter monthly maintenance amount. The arrears of maintenance were not paid by the petitioner despite repeated opportunities granted to him.

Learned Trial Court vide order dated 29.12.2022 has issued warrant of recovery to the Drawing and Disbursing Officer of the petitioner with a direction to recover the amount specified in the order from the gross salary of the petitioner. The order reads as under: -

“Remaining arrears of maintenance are not paid despite last opportunity by the respondent.

Heard. Record perused. Vide order dated 07.05.2022, the respondent was directed to pay interim maintenance of Rs.30,000-/- per month to petitioner, including rent for alternate accommodation, w.e.f. 28.03.2021. The interim order passed by this Court has been affirmed in appeal by the Court of Ld. Sessions Judger Sirmour District At Nahan dated 21.11.2022 in Criminal Appeal No.68-Cr.A/10 of 2022

The main petition under the Protection of Women from Domestic Violence Act is fixed for Aws.

The respondent holds liability to pay arrears of maintenance amounting to Rs.5,10,000/- for a period till 22.12.2022. The respondent has paid only Rs.80,000/-out of the said amount.

Thus, arrears of Rs.4,30,000/- are still outstanding against the respondent for a period till 22.12.2022.

The respondent allegedly works as a teacher at Kendriya Vidyalya, Ambala Cantt.-II. His gross salary is more than Rs.90,000/- p. his net salary is alleged to be approximately Rs.75,000/-.

Issue warrant of recovery of Rs.4,30,000/- to the DDO of the respondent with a direction to recover remaining amount of Rs.4,30,000/- from the salary of respondent after deducting 2/3rd amount from his gross salary every monthly till realization of total amount of Rs.4,30,000/-.

DDO concerned be directed to remit the deducted amount before 20th day of every month to this court till realization of total amount of Rs.4,30,000/-.

Steps be taken within 10 days. Put up for further orders on 23.01.2023.”

Learned counsel for the petitioner has taken three dates in the matter for obtaining instructions from the petitioner. Last order passed on 01.05.2023 reads as under: -

“Learned counsel or the petitioner seeks time to obtained instructions in respect of clearing the arrears of maintenance amount awarded to the non-applicants.

At his request, list the matter on 08.05.2023.”

During the course of hearing today, learned counsel for the petitioner pleaded no instructions. It appears that the petitioner is not interested to pursue the matter. hence, the present petition is dismissed for want of prosecution. The pending miscellaneous applications, if any, also stand disposed of.