Pehlu and Another vs Tehmeena

Kanwaljit Singh Ahluwalia, J.—The present revision petition has been filed by the petitioners feeling aggrieved against the order dated 15.7.2011, passed by the Court of Additional Chief Judicial Magistrate, Nuh, whereby the petitioners have not been permitted to cross-examine the witnesses of respondent/applicant-Tehmeena and their defence has been struck off for non payment of the arrears of maintenance.

Learned counsel for the petitioners submits that the petitioner will deposit the entire amount of arrears within a period of 20 days from today and in the interest of fair play and balance of equities, an adequate opportunity be provided to them to cross-examine the respondent''s witnesses and project their defence.

After hearing learned counsel for the petitioners, the present revision petition is accepted, subject to payment of cost of Rs. 1,000 to be paid to the respondent-wife. On deposit of the cost and the entire payment of arrears of the maintenance, the trial Court shall recall the order dated 15.7.2011 and afford an adequate opportunity to the petitioners to cross-examine the witnesses of respondent/applicant and project their defence.