Nitish Kumar Vs Neha Kumari — Maintenance and Alimony | Himachal Pradesh HC (2024)

Nitish Kumar Vs Neha Kumari — Maintenance and Alimony | Himachal Pradesh HC (2024)

What the court decided

AI extract

Outcome

No relief to the petitioner: the revision petition was dismissed and the impugned order dated 08.08.2022 upheld; the Court below was directed to decide the main Section 125 Cr.P.C. petition expeditiously, preferably within two months (both parties undertook to appear before it on 25.07.2024), with ad-interim maintenance received by the respondent to be adjusted against any amount awarded in the main petition.

Issue for consideration

Whether the order dated 08.08.2022 of the Principal Judge (Family Court), Hamirpur (Circuit at Nadaun), awarding the respondent ad-interim maintenance of Rs.6500/- per month and Rs.8500/- as litigation expenses under Section 125(3) Cr.P.C., ought to be set aside on the petitioner's plea that the respondent has sufficient means to sustain herself and earns Rs.25,000/- per month working in a factory. +1 more

Court's answer

Having heard learned counsel for the parties and perused the material on record vis-à-vis the reasoning assigned in the impugned order, this Court sees no illegality or infirmity in the order dated 08.08.2022 and no interference is called for.

Ratio / Principle

While considering a prayer for ad-interim maintenance under Section 125 Cr.P.C., the Court is not required to examine documentary evidence on record; it is required only to see the pleadings of the parties seeking such maintenance, the very purpose and object of granting interim maintenance during the pendency of the main petition being to ensure that a person seeking such maintenance is not left to starve.

Key takeaways

Finding no merit in the present petition, the same is dismissed and the impugned order is upheld, with a direction to the Court below to decide the main petition under Section 125 Cr.P.C. expeditiously, preferably within two months; the maintenance received by the respondent as ad-interim maintenance shall be adjusted in the amount, if any, awarded in the main petition.ratio¶16

Detailed headnote1 paragraphs

Criminal Revision No.71 of 2024 (High Court of Himachal Pradesh, Shimla; Sandeep Sharma J.; decided 05.07.2024): Petitioner challenged, under Section 19(4) of the Family Court Act, the order dated 08.08.2022 of the Principal Judge (Family Court) Hamirpur (Circuit at Nadaun) granting the respondent ad-interim maintenance of Rs.6500/- per month and Rs.8500/- as litigation expenses under Section 125(3) Cr.P.C., contending that the respondent had sufficient means and was earning Rs.25,000/- per month in a factory. Holding: while considering a prayer for ad-interim maintenance under Section 125 Cr.P.C., the Court is not required to examine documentary evidence on record and is required only to see the pleadings of the parties seeking such maintenance, the object being to ensure that the person seeking maintenance is not left to starve. Seeing no illegality or infirmity in the impugned order, the Court dismissed the revision petition and upheld the interim order, directing the Court below to decide the main Section 125 Cr.P.C. petition expeditiously, preferably within two months, and providing that ad-interim maintenance received shall stand adjusted against any amount awarded in the main petition.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Criminal Revision No.71 of 2024

Date of Decision: 05.07.2024

__________________ Nitish Kumar	___________________	__________________ …….Petitioner
	Versus
Neha Kumari		… Respondent
__________________ Coram:	___________________	__________________

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ .

For the Petitioner: Mr. K.S.Gill, Advocate.

For the Respondent : Mr. Atharv Sharma, Advocate.

_______________________________________________________ Sandeep Sharma, Judge (oral):

Being aggrieved and dissatisfied with order dated 08.08.2022 passed by learned Principal Judge (Family Court) Hamirpur (Circuit at Nadaun) District Hamirpur, Himachal Pradesh, whereby learned Court below, while considering the prayer made on behalf of the respondent for grant of ad-interim maintenance under Section 125 (3)Cr.P.C, proceeded to award sum of Rs.6500/- per month as interim maintenance alongwith Rs. 8500/- as litigation expenses, petitioner has approached this Court in the instant proceedings filed under Section 19(4) of the Family Court Act, praying therein to set-aside aforesaid order.

1 Whether the reporters of the local papers may be allowed to see the judgment?

2

Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. K.S.Gill, learned counsel for the petitioner, is that learned Court below, while ordering ad-interim maintenance, failed to take note of the pleadings as well as other material adduced on record suggestive of the fact that the respondent has sufficient means to sustain herself. Learned counsel for the petitioner further states that Court below also failed to take note of the fact that the respondent is working in the factory and earning sum of Rs. 25,000/- per month.

Having heard learned counsel for the parties and perused the material available on record vis-à-vis reasoning assigned in the impugned order, this Court sees no illegality or infirmity in the same and as such, no interference is called for.

Needless to say, while considering prayer, if any, for ad-interim maintenance under Section 125 Cr.P.C, Court is not required to see documentary evidence, if any, adduced on record, rather at that stage, Court is only required to see pleadings of the parties seeking such maintenance. Very purpose and object of granting interim maintenance during the pendency of the main petition under Section 125 Cr.P.C., is to ensure that a person seeking such maintenance is not left to starve.

3

Consequently, in view of the above, this Court finds no merit in the present petition and accordingly same is dismissed, as a result thereof, order impugned in the instant proceedings is upheld, with a direction to learned Court below to decide the main petition filed under Section 125 Cr.P.C, expeditiously, preferably within a period of two months. Needless to say, maintenance received by the respondent as ad-interim maintenance shall be adjusted in the amount, if any, awarded in the main petition under Section 125 Cr.P.C.

Learned counsel representing the parties undertake to cause presence of their respective clients before the Court below on 25.07.2024 , enabling it to do the needful well within stipulated time. Pending applications, if any, also stand disposed of.

(Sandeep Sharma), Judge

05^th July, 2024 (shankar)