CRM-M-22523 IN THE HIGH COURT OF PUNJAB AND HARYANA 122 Ajay Sehrawat State of Haryana CORAM: Present:-. KIRTI SINGH, J. 1. Suraksha Sanhita, 2023 dated 19.04.2025 sent to civil imprisonment due to his default in paying the maintenance amount of Judge, Family Camp Court, Gurugram, vide order dated (Annexure P of 2019, titled 125 Cr.P.C. 2. between the petitioner and respondent No.2 was solemnized in the year 2017. Subsequently, parties, the petitioner filed a divorce petition under Sec 22523-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision: Ajay Sehrawat Versus Haryana and another CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Sandeep K. Tada, Advocate for the petitioner. ***** KIRTI SINGH, J.(Oral) This petition under Section 528 of the Suraksha Sanhita, 2023 has been filed for quashing/setting aside the order 19.04.2025 (Annexure P-7), whereby the petitioner was arrested and sent to civil imprisonment due to his default in paying the maintenance amount of ₹15,000/-, as granted by the learned Additional Judge, Family Camp Court, Gurugram, vide order dated (Annexure P-3) in favour of respondent No.2 , titled “Jyoti Sehrawat vs. Ajay Sehrawat 125 Cr.P.C. Learned counsel for the petitioner submits that the marriage between the petitioner and respondent No.2 was solemnized in the year Subsequently, owing to the matrimonial dispute parties, the petitioner filed a divorce petition under Sec - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-22523-2025 (O&M) Date of Decision: 06.05.2025 ...Petitioner ...Respondents HON'BLE MS. JUSTICE KIRTI SINGH r. Sandeep K. Tada, Advocate for the petitioner. This petition under Section 528 of the Bhartiya Nagarik has been filed for quashing/setting aside the order 7), whereby the petitioner was arrested and sent to civil imprisonment due to his default in paying the maintenance , as granted by the learned Additional Principal Judge, Family Camp Court, Gurugram, vide order dated 03.02.2023 3) in favour of respondent No.2-wife in case MNT No. 506 Jyoti Sehrawat vs. Ajay Sehrawat”, filed under Section Learned counsel for the petitioner submits that the marriage between the petitioner and respondent No.2 was solemnized in the year matrimonial disputes between the parties, the petitioner filed a divorce petition under Section 13 of Hindu Petitioner s Bhartiya Nagarik has been filed for quashing/setting aside the order 7), whereby the petitioner was arrested and sent to civil imprisonment due to his default in paying the maintenance Principal 03.02.2023 MNT No. 506 , filed under Section Learned counsel for the petitioner submits that the marriage between the petitioner and respondent No.2 was solemnized in the year between the tion 13 of Hindu KAPIL 2025.05.07 17:35 I attest to the accuracy and integrity of this document CRM-M-22523 Marriage Act the respondent wherein she was granted maintenance amount of Rs.10,000/ dated 23.12.2021. Thereaf moved by the respondent maintenance and litigation expenses Family Court, which, vide its order dated per month as notional of Rs.10,000/ wife. 3. Section 125 Cr.P.C respondent is leading a high standard life, since he had erroneously mentioned his status the income of the petitioner is only Rs.14,500/ husband filed a revision petition 2023 challenging the said order 22.03.2023 Camp Court, Gurugram to decide the correction of the affidavit of assets, income, and expenditure filed in case MNT No. 506 of 2019 has not been decided by the Family Court complying with the said order and deciding on the application filed by the petitioner in that regard, he was ordered to be sent to civil imprisonment 22523-2025 (O&M) Marriage Act, 1955 (for short hereinafter referred to as ‘the Act’); respondent-wife filed an application under Section wherein she was granted maintenance amount of Rs.10,000/ dated 23.12.2021. Thereafter, an application for maintenance was also moved by the respondent-wife under Section 125 Cr.P.C. maintenance and litigation expenses, which was Family Court, which, vide its order dated nth as notional house rent over and above the maintenance amount of Rs.10,000/- which the petitioner was already paying to the respondent Learned counsel submits that the maintenance amount under Section 125 Cr.P.C. was wrongly computed by considering that the respondent is leading a high standard life, since he had erroneously mentioned his status as high in his income affidavit the income of the petitioner is only Rs.14,500/ husband filed a revision petition before this Court challenging the said order, which was disposed of 22.03.2023, directing the learned Additional Principal Judge, Family Camp Court, Gurugram to decide the petitioner’s application, if any, for correction of the affidavit of assets, income, and expenditure filed in case MNT No. 506 of 2019. However, it is submitted that the said application has not been decided by the Family Court complying with the said order and deciding on the application filed by the petitioner in that regard, he was ordered to be sent to civil imprisonment - 2- , 1955 (for short hereinafter referred to as ‘the Act’); while wife filed an application under Section 24 of the Act wherein she was granted maintenance amount of Rs.10,000/- vide order ter, an application for maintenance was also wife under Section 125 Cr.P.C. seeking , which was allowed by the learned Family Court, which, vide its order dated 03.02.2023, granted ₹15,000/- over and above the maintenance amount which the petitioner was already paying to the respondent- earned counsel submits that the maintenance amount under . was wrongly computed by considering that the respondent is leading a high standard life, since he had erroneously as high in his income affidavit, whereas in actuality the income of the petitioner is only Rs.14,500/- per month. The petitioner- before this Court bearing CRR(F)-433- , which was disposed of vide order dated the learned Additional Principal Judge, Family petitioner’s application, if any, for correction of the affidavit of assets, income, and expenditure filed in case . However, it is submitted that the said application has not been decided by the Family Court till date. In fact, without complying with the said order and deciding on the application filed by the petitioner in that regard, he was ordered to be sent to civil imprisonment while 24 of the Act vide order ter, an application for maintenance was also seeking learned - over and above the maintenance amount - earned counsel submits that the maintenance amount under . was wrongly computed by considering that the respondent is leading a high standard life, since he had erroneously , whereas in actuality - - vide order dated the learned Additional Principal Judge, Family petitioner’s application, if any, for correction of the affidavit of assets, income, and expenditure filed in case . However, it is submitted that the said application In fact, without complying with the said order and deciding on the application filed by the petitioner in that regard, he was ordered to be sent to civil imprisonment KAPIL 2025.05.07 17:35 I attest to the accuracy and integrity of this document CRM-M-22523 by the learned Principal Judge, Family Court, Gurugram 19.04.2025 4. 5. Haryana, accepts notice on behalf of respondent No.1 that the learned Family Court has rightly passed the impugned order dated 19.04.2025, considering the facts and circumstances of supplied a copy of the custody certificate, which is taken on record. A perusal of the custody certificate reveals that the petitioner has undergone actual custody for 6. perused the case file. 7. petitioner the affidavit submitted in the maintenance case, of which is yet to be decided the order dated arrested and sent to civil imprisonment for defaulting on the maintenance amount of Family Camp Court, Gurugram. 8. hereby set aside. 22523-2025 (O&M) by the learned Principal Judge, Family Court, Gurugram 19.04.2025 Notice of motion. At the asking of the Court, , accepts notice on behalf of respondent No.1 that the learned Family Court has rightly passed the impugned order dated 19.04.2025, considering the facts and circumstances of supplied a copy of the custody certificate, which is taken on record. A perusal of the custody certificate reveals that the petitioner has undergone actual custody for 16 days, and no other case is registered against him. I have heard the learned counsel for the petitioner and perused the case file. In view of the submissions made by learned counsel for the that the petitioner had erroneously marked his income as high in the affidavit submitted in the maintenance case, of which is yet to be decided, this Court deems the order dated 19.04.2025 (Annexure P- arrested and sent to civil imprisonment for defaulting on the maintenance amount of ₹15,000/-, granted by the learned Additional Principal Judge, Family Camp Court, Gurugram. Accordingly, the order dated hereby set aside. The learned Principal Judge, Family - 3- by the learned Principal Judge, Family Court, Gurugram vide order dated At the asking of the Court, Ms. Mahima Yashpal, DAG, , accepts notice on behalf of respondent No.1-State and submits that the learned Family Court has rightly passed the impugned order dated 19.04.2025, considering the facts and circumstances of the case. She has supplied a copy of the custody certificate, which is taken on record. A perusal of the custody certificate reveals that the petitioner has undergone , and no other case is registered against him. d the learned counsel for the petitioner and In view of the submissions made by learned counsel for the that the petitioner had erroneously marked his income as high in the affidavit submitted in the maintenance case, application for correction deems it appropriate to set aside -7), whereby the petitioner was arrested and sent to civil imprisonment for defaulting on the maintenance , granted by the learned Additional Principal Judge, Accordingly, the order dated 19.04.2025 (Annexure P-7) is learned Principal Judge, Family vide order dated Ms. Mahima Yashpal, DAG, State and submits that the learned Family Court has rightly passed the impugned order dated the case. She has supplied a copy of the custody certificate, which is taken on record. A perusal of the custody certificate reveals that the petitioner has undergone d the learned counsel for the petitioner and In view of the submissions made by learned counsel for the that the petitioner had erroneously marked his income as high in application for correction it appropriate to set aside 7), whereby the petitioner was arrested and sent to civil imprisonment for defaulting on the maintenance , granted by the learned Additional Principal Judge, 7) is learned Principal Judge, Family KAPIL 2025.05.07 17:35 I attest to the accuracy and integrity of this document CRM-M-22523 Court is directed to order the release of the petitioner from civil imprisonment, and is also correction of the a order in accordance with law one month 9. accordingly. 06.05.2025 Kapil Whether speaking/reasoned Whether reportable 22523-2025 (O&M) Court is directed to order the release of the petitioner from civil imprisonment, and is also directed to decide the application correction of the affidavit of the petitioner pending before it order in accordance with law expeditiously one month from the date of receipt of this order. Pending application(s), if any, shall also stand disposed of accordingly. .2025 Whether speaking/reasoned Whether reportable - 4- Court is directed to order the release of the petitioner from civil decide the application regarding of the petitioner pending before it and pass an expeditiously, preferably within a period of from the date of receipt of this order. Pending application(s), if any, shall also stand disposed of (KIRTI SINGH) JUDGE Yes/No Yes/No Court is directed to order the release of the petitioner from civil regarding an preferably within a period of Pending application(s), if any, shall also stand disposed of KAPIL 2025.05.07 17:35 I attest to the accuracy and integrity of this document