R. Subhash Reddy JUDGMENT
Ashok Bhushan, J.
1. This appeal has been filed against the judgment of the High Court of Punjab and Haryana at Chandigarh dated 05.11.2019 in CRM-M-4663 of 2019 filed by the Appellant for setting aside the order dated 05.01.2019 passed by the Addl. Principal Judge, Family Court, Faridabad. The High Court dismissed the petition filed Under Section 482 Code of Criminal Procedure by the Appellant.
2. Brief facts of the case necessary for deciding this appeal are:
The Appellant was married to Respondent No. 1 on 04.11.1998. On 17.08.1999 a daughter was born and on 18.07.2005 a son was born out of their wedlock. An application Under Section 125 Code of Criminal Procedure was filed by Respondent No. 1 on 09.07.2013 against her husband claiming maintenance for Respondent No. 1 as well as Respondent Nos. 2 and 3, minor daughter and son. On 14.10.2013 the Appellant filed a petition for divorce against Respondent No. 1. On the reconciliation efforts made by the Family Court parties settled the matter amicably on the terms and conditions recorded separately in the Court. As per the settlement the Appellant was to pay Rs. 25,000/- per month towards the maintenance of the Respondents with effect from July, 2015 upto April, 2017. With effect from May, 2017, the amount of Rs. 25,000/- per month was to be deposited directly in the account of Chandana Kapoor, Respondent No. 1 before 10th day of each month. The arrears were to be paid within six months. It was further contemplated that the Appellant and Respondent No. 1 shall file petition for divorce by mutual consent by incorporating the terms and conditions. The maintenance petition was, thus, disposed of by the Family Court by order dated 06.05.2017.
3. The Appellant from May, 2017 paid the maintenance only for four months i.e. Rs. 1,00,000/-. Respondent No. 1 filed an application in January, 2018 Under Section 125(3) Code of Criminal Procedure for enforcement of the order dated 06.05.2017 being Execution Petition No. 240 of 2018. The Execution Petition filed by Respondent No. 1 was rejected by the Additional Principal Judge, Family Court, Faridabad vide order dated 16.07.2018. The Court held that order dated 06.05.2017 being purely conditional and was subject to the fulfilment of the respective obligations by the parties which they have not performed, the application Under Section 125(3) Code of Criminal Procedure was not maintainable.
4. After the application filed by Respondent No. 1 for execution of the order was rejected, Respondent No. 1 filed an application for recall the order dated 06.05.2017 on 31.07.2018. Respondent No. 1 stated in the application that the Appellant did not deposit the arrears of the amount as agreed and total amount paid by the Appellant was only Rs. 75,000/- towards maintenance. Respondent No. 1 prayed that order 06.05.2017 may be recalled and application Under Section 125(3) Code of Criminal Procedure be restored and decided on merits after hearing the parties. The application filed by Respondent No. 1 was objected by the Appellant by filing objection. In the objecti........