CRM-M-27991 IN THE HIGH COURT OF PUNJAB AND HARYANA 128 Sunil Kumar Gurwinder Kaur CORAM: Present:-. KIRTI SINGH, J. Suraksha Sanhita, 2023 16.04.2025, passed by the learned Family Court in case No. 592 whereby the Court has passed the order on an application filed by respondents under Section 128 of the Cr.P.C. Annexure P his counsel without proper guidance, despite the fact that petitioner is having salary to the tune of Rs.14,000/ special (handicap) 2. petitioner/husband and respondent No.1/wife was solemnized on 11.03.2007 at Sibia Palace, Malsian, Tehsil Shahkot, District Jalandhar, Punjab, as out of this wedlock. R the Hindu Marriage Act, 1955, seeking divorce on g 27991-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision: Sunil Kumar Versus Gurwinder Kaur and another CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Naresh Chander, Advocate for the petitioner. ***** KIRTI SINGH, J.(Oral) The instant petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023, has been filed for modification of the order dated 16.04.2025, passed by the learned Family Court in case No. 592 whereby the Court has passed the order on an application filed by respondents under Section 128 of the Cr.P.C. e P-2) of the petitioner, which was made on the his counsel without proper guidance, despite the fact that petitioner is having salary to the tune of Rs.14,000/- (handicap) child and old age and ill mother to maintain. The brief facts of the case that petitioner/husband and respondent No.1/wife was solemnized on 11.03.2007 at Sibia Palace, Malsian, Tehsil Shahkot, District Jalandhar, Punjab, as per Hindu rites and ceremonies. Two male children were born out of this wedlock. Respondent No.1 filed a petition under Section 13 of the Hindu Marriage Act, 1955, seeking divorce on g - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-27991-2025 (O&M) Date of Decision: 21.05.2025 ...Petitioner ...Respondents HON'BLE MS. JUSTICE KIRTI SINGH , Advocate for the petitioner. Section 528 of Bhartiya Nagarik for modification of the order dated 16.04.2025, passed by the learned Family Court in case No. 592-2024, whereby the Court has passed the order on an application filed by respondents under Section 128 of the Cr.P.C. on the basis of statement 2) of the petitioner, which was made on the instructions of his counsel without proper guidance, despite the fact that petitioner is - per month and also having a child and old age and ill mother to maintain. The brief facts of the case that the marriage between the petitioner/husband and respondent No.1/wife was solemnized on 11.03.2007 at Sibia Palace, Malsian, Tehsil Shahkot, District Jalandhar, per Hindu rites and ceremonies. Two male children were born filed a petition under Section 13 of the Hindu Marriage Act, 1955, seeking divorce on grounds of cruelty and Petitioner s Section 528 of Bhartiya Nagarik for modification of the order dated 2024, whereby the Court has passed the order on an application filed by basis of statement instructions of his counsel without proper guidance, despite the fact that petitioner is per month and also having a between the petitioner/husband and respondent No.1/wife was solemnized on 11.03.2007 at Sibia Palace, Malsian, Tehsil Shahkot, District Jalandhar, per Hindu rites and ceremonies. Two male children were born filed a petition under Section 13 of rounds of cruelty and KAPIL 2025.05.23 14:26 I attest to the accuracy and integrity of this document CRM-M-27991 desertion. The petitioner was proceeded against 12.09.2022, and the divorce was granted by the learned Additional Principal Judge, Family Court, Jalandhar (Camp Court at Nakodar) on 20.02.2023. (Annexure P Section 125 Cr 05.04.2023. Maintenance of No.1 and ₹ elder son petitioner. 3. application under Section 128 Cr the maintenance order dated 05.04.2023. The matter was compromised vide order dated 16.04.20 ₹3,00,000 ( limited income of responsibility to support his specially 4. was not fully informed by the counsel about the specific terms of compromise and was told only that the amount installments. Relying on this, he consented and signed the compromise. However, he later two large installments 07.07.2025 application before the Family Court for modification, citing his financial 27991-2025 (O&M) . The petitioner was proceeded against 12.09.2022, and the divorce was granted by the learned Additional Principal Judge, Family Court, Jalandhar (Camp Court at Nakodar) on 20.02.2023. (Annexure P-1). Respondent No. 1 Section 125 Cr.P.C. seeking maintenance, which was allowed on 05.04.2023. Maintenance of ₹3,000/mont ₹5,000/- per month to respondent No. who is a special (handicap) child Subsequently, respondent No.1 and her son filed an application under Section 128 Cr.P.C. on 08.04.2024 for enforcement of the maintenance order dated 05.04.2023. The matter was compromised vide order dated 16.04.2025, wherein the petitioner agreed to pay 3,00,000 (₹1.5 lakh each to wife and son) in installments, considering his limited income of ₹14,000/month as a Security Guard and his responsibility to support his specially-abled son and ailing mother. Learned counsel for the petitioner submits that th was not fully informed by the counsel about the specific terms of compromise and was told only that the amount installments. Relying on this, he consented and signed the compromise. However, he later came to know that the payment was to be made in only two large installments which would 07.07.2025. The petitioner, upon realizing application before the Family Court for modification, citing his financial - 2- . The petitioner was proceeded against ex parte vide order dated 12.09.2022, and the divorce was granted by the learned Additional Principal Judge, Family Court, Jalandhar (Camp Court at Nakodar) on espondent No. 1 also filed a petition under ing maintenance, which was allowed on 3,000/month was awarded to respondent per month to respondent No.2, despite the fact that the child is in the custody of the , respondent No.1 and her son filed an on 08.04.2024 for enforcement of the maintenance order dated 05.04.2023. The matter was compromised 25, wherein the petitioner agreed to pay 1.5 lakh each to wife and son) in installments, considering his 14,000/month as a Security Guard and his abled son and ailing mother. ed counsel for the petitioner submits that the petitioner was not fully informed by the counsel about the specific terms of compromise and was told only that the amount of ₹3,00,000 is payable in installments. Relying on this, he consented and signed the compromise. that the payment was to be made in only be due on 26.05.2025 and , upon realizing the actual terms, moved an application before the Family Court for modification, citing his financial vide order dated 12.09.2022, and the divorce was granted by the learned Additional Principal Judge, Family Court, Jalandhar (Camp Court at Nakodar) on also filed a petition under ing maintenance, which was allowed on h was awarded to respondent 2, despite the fact that the is in the custody of the , respondent No.1 and her son filed an on 08.04.2024 for enforcement of the maintenance order dated 05.04.2023. The matter was compromised 25, wherein the petitioner agreed to pay 1.5 lakh each to wife and son) in installments, considering his 14,000/month as a Security Guard and his petitioner was not fully informed by the counsel about the specific terms of payable in installments. Relying on this, he consented and signed the compromise. that the payment was to be made in only ue on 26.05.2025 and the actual terms, moved an application before the Family Court for modification, citing his financial KAPIL 2025.05.23 14:26 I attest to the accuracy and integrity of this document CRM-M-27991 condition, however, the same was not considered (Annexure P Learned counsel hardship, the petitio is fully willing to pay the entire settled amount in installments. 5. perused the record. 6. keeping in view the financial care of his 16.04.2025 (Annexure P to the learned Trial Court with a direction to the submissions made by learned counsel for the petitioner herein above, in accordance with law. 7. 21.05.2025 Kapil Whether speaking/reasoned Whether reportable 27991-2025 (O&M) condition, however, the same was not considered (Annexure P Learned counsel restricting his prayer , the petitioner is unable to make payment in two lump sums but is fully willing to pay the entire settled amount in installments. I have heard the learned counsel for the petitioner and perused the record. In view of the facts and circumstances stated above, and keeping in view the financial status of the petitioner and his duty to take care of his specially abled child and aged ailing mother, 16.04.2025 (Annexure P-3) is hereby set aside. to the learned Trial Court with a direction to the submissions made by learned counsel for the petitioner herein above, accordance with law. The petition is disposed of accordingly. .2025 Whether speaking/reasoned Whether reportable - 3- condition, however, the same was not considered (Annexure P-7). submits that due to financial ner is unable to make payment in two lump sums but is fully willing to pay the entire settled amount in 08 monthly I have heard the learned counsel for the petitioner and In view of the facts and circumstances stated above, and status of the petitioner and his duty to take specially abled child and aged ailing mother, the order dated is hereby set aside. The case is remanded back to the learned Trial Court with a direction to pass a fresh order in view of the submissions made by learned counsel for the petitioner herein above, The petition is disposed of accordingly. (KIRTI SINGH) JUDGE Yes/No Yes/No 7). due to financial ner is unable to make payment in two lump sums but monthly I have heard the learned counsel for the petitioner and In view of the facts and circumstances stated above, and status of the petitioner and his duty to take order dated he case is remanded back view of the submissions made by learned counsel for the petitioner herein above, KAPIL 2025.05.23 14:26 I attest to the accuracy and integrity of this document