CR-5745-2016 (OM) 1
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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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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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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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