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Sh. Bipan Singh vs Smt. Manisha Kumari on 31 August, 2018

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

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