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114 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-53040-2025 Date of decision: September 22, 2025 NIDHI BHATIA ...Petitioner Versus UT OF CHANDIGARH AND ANOTHER ...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Harvinder Singh Maan, Advocate for the petitioner. Mr. Rahil Mahajan, Addl. P.P., U.T. Chandigarh. **** KIRTI SINGH
, J. (ORAL)
The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking appropriate directions for expediting trial and dispose of CRL MISC/1607/2023 pending in the Court of learned JMIC, Chandigarh.
Learned counsel for the petitioner submits that vide order dated 19.09.2022 passed in DV Act No.241 of 2021, learned JMIC, Chandigarh granted interim maintenance to the tune of Rs.25,000/- from the date of application i.e. 07.09.2021 per month in favour of the petitioner. Since respondent No.2 was not paying the said interim maintenance, the petitioner filed execution application being CRL MISC/1607/2023 under Rule 6(5) of the Protection of Women from Domestic Violence Rules, 2006. The said application is pending for over two years on account of continued default on the part of respondent No.2. It is submitted that as on date the arrears of ITHLESH KUMAR 2025.09.23 09:49 I attest to the accuracy and integrity of this order/judgment
CRM-M-53040-2025 -2- maintenance payable by respondent No.2 is more than Rs.8,70,000/-. Reliance is placed upon the judgment of Hon’ble Supreme Court passed in Vakil Prasad Singh V/s State of Bihar, AIR 2009 SC 1822, Akhtari Bai V/s State of M.P., AIR 2001 SC 1528 and Motilal Saraf V/s State of Jammu and Kashmir, AIR 2007 SC 56. Keeping in view the limited prayer made by the learned counsel for the petitioner as well as the peculiar facts and circumstances of the case, the instant petition is disposed of with a direction to the learned Executing Court to decide the execution application i.e. MISC/1607/2023 within a period of 6 months from today. September 22, 2025
( KIRTI SINGH ) Ithlesh
JUDGE
Whether speaking/reasoned:- Yes/No Whether reportable: Yes/No ITHLESH KUMAR 2025.09.23 09:49 I attest to the accuracy and integrity of this order/judgment