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Shiv Kumar vs Rajnesh Kumari @ Rajni on 7 February, 2019

CR-5745-2016 (OM) 1

104+202
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Civil Revision No.5745 of 2016 (OM)
Date of Decision: 07.02.2019

SHIV KUMAR ……Petitioner

Vs

RAJNESH KUMARI @ RAJNI ….Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Atul Yadav, Advocate
along with petitioner in-person.

Mr. Abhinav Sood, Advocate
along with respondent in-person.

****

RAJ MOHAN SINGH, J. (Oral)

[1]. In compliance of order dated 07.01.2019, today an

amount of Rs.53,000/- has been paid by the petitioner to the

respondent, who is present in Court.

[2]. Petition under Section 13 of the Hindu Marriage Act,

1955 (for short ‘the Act’) filed by the respondent was decreed by

the District Judge, Narnaul vide judgment and decree dated

07.07.2017. Respondent has contracted re-marriage after the

divorce

[3]. The application under Section 24 of the Act was filed on

02.01.2015 during pendency of the petition under Section 13 of

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CR-5745-2016 (OM) 2

the Act. The said application was allowed on 11.07.2016. The

amount of maintenance was ordered to be paid to the

respondent from the date of filing of the application. An amount

of Rs.5,000/- was granted towards maintenance pendente lite

and an amount of Rs.10,000/- was awarded towards litigation

expenses.

[4]. Vide order dated 05.09.2016, the Co-ordinate Bench of

this Court stayed the amount upto Rs.3000/- out of maintenance

pendente lite and Rs.5000/- towards litigation expenses. In

essence, an amount of Rs.2000/- per month was payable

towards maintenance pendente lite along with an amount of

Rs.5000/- towards litigation expenses during pendency of the

present revision petition.

[5]. During course of hearing on 07.01.2019, it was brought

to the notice of the Court that in the proceedings under Section

125 Cr.P.C., the respondent has made a statement that she

does not wish to take any maintenance allowance from the

petitioner. Evidently, an amount of Rs.1500/- per month was

awarded in the proceedings under Section 125 Cr.P.C. It was

further observed that both the parties are ad idem that since

divorce has already been granted on 07.07.2017, therefore, due

amount under Section 24 of the Act was for 30 months i.e. total

Rs.60,000/- as per interim order dated 05.09.2016. If the

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CR-5745-2016 (OM) 3

computation of due maintenance is made as per the said interim

order, an amount of Rs.65,000/- would be payable to the

respondent. Only an amount of Rs.12,000/- was paid as on

07.01.2019. Learned counsel for the parties concurred to the

final settlement between the parties on receipt of remaining

amount of Rs.53,000/- from the petitioner. The case was

adjourned for today.

[6]. Today, an amount of Rs.53,000/- has been received by

the respondent towards full and final settlement of her claim

towards maintenance with a clear understanding that nothing is

due from the petitioner in future.

[7]. Learned counsel for the respondent on instructions

from the respondent-Rajnesh Kumari @ Rajni submits that the

respondent would withdraw pending execution in the trial Court.

[8]. In view of above, this revision petition is disposed of as

the claim of the respondent stands fully satisfied on the basis of

consensus arrived at between the parties in the aforesaid

manner.

February 07, 2019 (RAJ MOHAN SINGH)
Atik JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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