Court No. 21 Civil Misc. Writ Petition No. 3656 of 2009 Deep Chand Versus Smt. Rekha Hon'ble V.K.Shukla,J Present writ petition has been filed questioning the validity of the recovery proceedings so undertaken in matrimonial petition.
Brief background of the case is that proceedings under Section 13 of Hindu Marriage Act has been filed and therein application has been moved for awarding entire maintenance amount as well as other amount. Order has been passed to ensure aforesaid payment but said amount in question has not been ensured and for the enforcement of the order Execution case No. 8 of 2009 has been filed wherein order has been passed for appearance. At this juncture present writ petition has been filed.
On the matter being taken up today, learned counsel for the petitioner contended that petitioner, Deep Chand will make entire payment good provided a month's time is accorded to him in this direction.
As it is being stated before this Court that within a period of month from today entire payment shall be made good as such a month's time is accorded to him for making entire payment good. It is made clear that in case within one month from today entire payment is not paid then Executing court would be free to proceed in accordance with law.
With the above direction present writ petition is disposed of. Dated 27.01.2010 Dhruv