Dismissed

Sumit Kumar Sharma v. Rajni Sharma and Others

Himachal Pradesh HC2 Sept 2024CRMMO/611/2022

Case brief

AI extract

What is this about?

Both parties challenged the interim maintenance award of Rs. 8000/- under Section 125 Cr.P.C. The husband contended it was excessive while the wife found it insufficient. The High Court upheld the order, finding no illegality, and directed the Family Court to decide the main petition within two months with interim amounts to be adjusted.

What did the court decide?

None; appeals dismissed, interim order upheld.

Sumit Kumar Sharma Vs Rajni Sharma and Others — Maintenance and Alimony | Himachal Pradesh HC (2024)

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2024:HHC:7807

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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	Cr.MMO Nos.919 & 611 of 2022 Decided on: 02.09.2024
___________________________ 1. Cr.MMO No.919 of 2	____________________________________ 022
Rajni Sharma and Others	..….Petitioners Versus
Sumit Kumar Sharma	…...Respondent
___________________________ 2. Cr.MMO No.611 of 2	____________________________________ 022
Sumit Kumar Sharma	…...Petitioner Versus
Rajni Sharma and Others	…...Respondents
___________________________ Coram: Hon’ble Mr. Justice Sande Whether approved for repor	____________________________________ ep Sharma, Judge. ting?¹
For the Petitioners :	Mr. Tarun K. Shama, Advocate, for the petitioners in Cr.MMO No.919 of 2022.
	Mr. Nimish Gupta, Advocate, for the petitioner in Cr.MMO No.611 of 2022.
For the Respondents :	Mr. Nimish Gupta, Advocate, for the respondents in Cr.MMO No.919 of 2022.
___________________________	Mr. Tarun K. Sharma, Advocate, for the respondents in Cr.MMO No.611 of 2022. ____________________________________

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

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2024:HHC:7807

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Sandeep Sharma, Judge (oral):

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Cr.MP No.2544 of 2024 in Cr.MMO No.919 of 2022.

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For the reasons stated in the application, the same

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is allowed. Present application is ordered to be converted into petition under Section 19(4) of the Family Courts Act. Application stands disposed of.

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Cr. MMO No.919 of 2022 & Cr. MMO No.611 of 2022

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Being aggrieved and dissatisfied with order dated 20.04.2022 passed by learned Additional Principal Judge (Family Court) Hamirpur, Himachal Pradesh, whereby learned Court below, while considering the prayer made on behalf of the petitioners in Cr.MMO No.919 of 2022 for grant of ad interim maintenance under Section 125 Cr.P.C, proceeded to award sum of Rs.8000/- per month as interim maintenance, both the parties have approached this Court in the instant proceedings filed under Section 19(4) of the Family Court Act and Section 482 Cr.P.C.

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Precisely, the grouse of the petitioner in Cr.MMO No.611 of 2022, as has been highlighted in the petition and further canvassed by Mr. Nimish Gupta, learned counsel for the petitioner,

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2024:HHC:7807

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is that amount awarded by learned Court below is on higher side keeping in view the fact that respondent is earning Rs.20,000/per month, as such, she does not require any amount for her maintenance.

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On the contrary, grouse of the petitioners in Cr.MMO No.919 of 2022 is that amount awarded by learned Court below is not sufficient for the sustenance of the petitioners, keeping in view the cost of living in present day scenario.

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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.

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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.

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2024:HHC:7807

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In view of the above, this Court finds no merit in the present petition and accordingly same is dismissed, as a result whereof, 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.

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Learned counsel representing the parties undertake to cause presence of their respective clients before the Court below on 18.09.2024, enabling it to do the needful well within stipulated time. Pending applications, if any, also stand disposed of.

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September 02, 2024 (Rajeev Raturi)

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(Sandeep Sharma), Judge

Sumit Kumar Sharma v. Rajni Sharma and Others

Case brief

What is this about?

What did the court decide?

Sumit Kumar Sharma v. Rajni Sharma and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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