IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CMPMO No. 465 of 2015.
Reserved on : 21st August, 2018.
.
Date of Decision: 31st August, 2018.
Sh. Bipan Singh …..Petitioner.
Versus
Smt. Manisha Kumari ….Respondent.
Coram
The Hon’ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Goldy Kumar, Advocate.
For the Respondent: Mr. .R.K. Sharma, Sr. Advocate with
Ms. Vidushi Sharma, Advocate.
Sureshwar Thakur, Judge.
The learned trial Court, upon, the
respondent’s application, cast under the provisions of
Section 24 of the Hindu Marriage Act, determined, vis-
a-vis, her hence maintenance pendente lite borne in a
sum of Rs.2,000/- per mensem. Her husband/
petitioner herein being aggrieved therefrom, hence,
proceeded to institute CMPMO No. 465 of 2015 before
04/09/2018 21:53:55 :::HCHP
2
this Court. Accordingly, A coordinate bench of this
Court, upon, the aforesaid CMPMO, had, pronounced a
verdict, rather validating the verdict pronounced, by
.
the learned Additional District Judge concerned.
However, the petitioner herein being aggrieved,
therefrom, had preferred a review petition, before a
co-ordinate bench of this Court, and, the apt review
petition, bearing No. 82 of 2016, stood allowed by the
co-ordinate bench of this Court, and, a direction was
thereon pronounced, for, revival of the aforesaid
CMPMO, and, for its being reheard.
2. At the outset, it is imperative to bear in
mind, qua the respondent-wife, not, assailing the
quantum of per mensem maintenance pendente lite
hence adjudged by the learned Additional District
Judge concerned, thereupon, hence she is barred to
claim per mensem maintenance, in, a sum higher,
than, as quantified, in, the impugned order. The
further effect thereof is that this Court, is, enjoined to
accept the conclusion, drawn, by the learned
Additional District Judge concerned, qua the petitioner
herein, hence, drawing a monthly income of Rs.6000/-,
04/09/2018 21:53:55 :::HCHP
3
from his, employment as, a, Petrol Pump Operator.
Furthermore, also when the respondent being
evidently granted per mensem maintenance
.
quantified at Rs.2000/- by the learned Judicial
Magistrate 1st Class, Jawali, in proceedings, drawn,
under the Protection of Women from Domestic
Violence Act, and, when the aforesaid sum of per
mensem maintenance, as, quantified by the learned
JMIC concerned, under, the aforesaid proceedings, is
enjoined to be borne in mind, while determining the
per mensem maintenance pendente lite, in a petition
cast by her, under, Section 24 of the Hindu Marriage
Act, thereupon, for meteing deference, to, the decision
pronounced, upon, Review Petition No. 82 of 2016, this
Court, is, inclined, to, partly allow the instant petition,
and, to reduce the per mensem maintenance
pendente lite quantified at Rs.2000/- to a sum of
Rs.1500/- per mensem.
3. For the foregoing reasons, the instant
petition is partly allowed. In sequel, the impugned
order is modified in the aforesaid manner. The
parties are directed to appear before the learned trial
04/09/2018 21:53:55 :::HCHP
4
Court, on 27th September, 2018. All pending
applications also stand disposed of. Records be sent
back forthwith.
.
(Sureshwar Thakur)
31 August, 2018
st
Judge.
(jai)
r to
04/09/2018 21:53:55 :::HCHP