NARGIS Vs. MAJOR RANBIR SINGH SANGHA
LAWS(P&H)-1984-7-58
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 27,1984

NARGIS Appellant
VERSUS
Major Ranbir Singh Sangha Respondents

JUDGEMENT

M.M.PUNCHHHI, J. - (1.)THIS contempt petition has a background; not a happy one, but rather a multi-headed cantakerous dispute between husband and wife.
(2.)THE broad details of that dispute are these. Smt. Nargis, the petitioner stood married to Major Ranbir Singh Sangha respondent No. 1. Respondent No. 2 is the latter's father. The marriage of the petitioner with respondent No. 1 was on the rocks. They were an issueless couple. In August 1980, she lodged a First Information Report with the police about alleged misappropriation of her dowry articles by her husband and ]lis parents They gloved Criminal Misc. No. 5309-M of 1980 in this Court, During the course of bearing of that petition, peace moves were initiated amongst the parties. The matter was adjourned from time to tin c when finally on Jure 1, 1982, the husband and the wife made a joint statement before this Court. conveying that their marriage could not work and they had decided to separate from each other amicably. Their joint statement was recorded em that day, in which they laid out clearly their terms of settlement. Anticipating divorce, they mutually agreed that the maintenance/alimony to the wife mould be in the following terms:-
"3. The carry-home salary of Major Ranbir Singh Sangha, for the present approximates Rs. 2300/- out of which he mould, with effect from Ist June, 1982, pay a sum Rs. 800/- (Rupees eight hundred only) per month as maintenance/alimony to Mrs. Nargis Sangha for the rest of her life or till her remarriage and in addition thereto, he would faithfully keep remitted to her one-third of any increase in his carry-home salary or other emoluments or income which he may occasion to earn during his life time, in substitution of all earlier orders passed by the Courts/Army from time to time."

Time had been sought by the parties on June 1, 1982, to carry out other terms of the settlement, and then on August 2, 1982, reported conipliance thereof. They had, in the meantime, moved this Court with an exceptional prayer for divorce by mutual consent. This Court acceded to their prayer and oil the basis of their joint statement recorded on August 2, 1982, noted that the claim of Mrs Nargis Sangha with regard to alimony would remain as awarded under head No. 3 of the joint statement dated June 1, 1982.

(3.)THE present contempt petition has been filed by the petitioner primarily on two grounds : (1) that the husband while making statements oil Jure 1, 1992, and August 2, 1982, had deliberately concealed from this Court that his Short Service Commission in the Army was expiring on August 21, 1982, from which date he was to be relieved and, in fact, lie was so relieved on that date and, (2) that she has not been paid any maintenance/alimony, as agreed upon. It is on these facts that notice was issued to the husband-respondent and his father. The latter had given only his blessings to the arrangement between the parties towards the settlement. At this jucture, I would straight away thus hold that no contempt whatsoever has been made out against respondent No. 2. His reference hereafter is m holly unnecessary.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.