Joga Singh Vs Jaswinder Kaur and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

Joga Singh Vs Jaswinder Kaur and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: learned Trial Court directed to take the main petition to its logical conclusion expeditiously, preferably within six months; petitioner at liberty therein to raise the issue of payment of maintenance to the contesting respondents, including the quantum thereof; maintenance being paid to be adjusted accordingly if the Court finds merit with the petitioner's submissions; no observation made on merits and court below to decide uninfluenced; pending miscellaneous applications disposed of accordingly.

Issue for consideration

Whether the impugned orders dated 17.07.2023 and 15.03.2024 (Annexure P-4 & Annexure P-6) granting interim maintenance to the contesting respondents should be set aside (merits expressly left open by this Court to the court below). +1 more

Court's answer

The petition is disposed of with the direction that the main petition be taken to its logical conclusion by the learned Trial Court as expeditiously as possible, preferably within a period of six months.

Ratio / Principle

In the course of adjudication of the main petition, the petitioner shall be at liberty to raise the issue of payment of maintenance to the contesting respondents, if any.

Key takeaways

The liberty to raise the maintenance issue includes the right to agitate the quantum thereof; if the Court ultimately finds merit with the petitioner's submissions, whatever maintenance is being paid to the respondents shall be adjusted accordingly.ratio¶12
This Court clarified that it has made no observation on the merit of the issue.ratio¶12
The learned Court below shall decide the petition before it uninfluenced by any observations made by this Court in the course of disposal of these proceedings.ratio

Detailed headnote1 paragraphs

CMPMO No. 671 of 2024 (High Court of Himachal Pradesh, Shimla; Ajay Mohan Goel, Judge; decided 19.12.2025): Petition by Joga Singh seeking setting aside of orders dated 17.07.2023 and 15.03.2024 (Annexure P-4 & Annexure P-6) passed by the learned court below granting interim maintenance to the contesting respondents (Jaswinder Kaur and others) disposed of. Held: the main petition to be taken to its logical conclusion by the learned Trial Court as expeditiously as possible, preferably within six months; in its adjudication the petitioner at liberty to raise the issue of payment of maintenance to the contesting respondents, including the quantum thereof; if the Court ultimately finds merit with the petitioner's submissions, whatever maintenance is being paid to the respondents shall be adjusted accordingly; this Court made no observation on the merit of the issue and the learned Court below to decide the petition uninfluenced by any observations made in these proceedings; pending miscellaneous applications disposed of accordingly.

2025:HHC:44594

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No. 671 of 2024 Decided on: 19.12.2025 Joga Singh … Petitioner Versus Jaswinder Kaur and others … Respondents Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹

____________________________ For the petitioner :	_______________________________________ Mr. Dheeraj K. Vashisht, Advocate.
For the respondent :	Mr. Ashok Kumar Tyagi, Advocate for respondent No.1.
:	Mr. Devender K. Sharma, Advocate for respondents No. 2 and 3.
Ajay Mohan Goel, Judge	( Oral)

By way of this petition, the petitioner has prayed for the following reliefs:-

“It is therefore, respectfully prayed that the present petition may kindly be allowed and the impugned orders dated 17.07.2023 and 15.03.2024 (Annexure P-4 & Annexure P-6) passed by the learned court below may kindly be set aside and to stay the execution of the order or any further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioner.”

Record demonstrates that the matter was listed before

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

2

2025:HHC:44594 this Court firstly on 27.11.2024, but no interim was granted. In light of the fact that the petitioner has assailed the orders passed by learned Courts below vis-à-vis the grant of interim maintenance to the contesting respondents, this petition is disposed of with the direction that the main petition be taken to its logical conclusion by the learned Trial Court as expeditiously as possible and preferably within a period of six months from today. In the course of the adjudication of the main petition, the petitioner shall be at liberty to raise the issue with regard to payment of maintenance to the contesting respondents, if any. This shall include the right of the petitioner to agitate the quantum thereof also. If the Court ultimately finds merit with the submissions of the petitioner, then it goes without saying that whatever maintenance is being paid to the respondents, shall be adjusted accordingly, however, it is clarified that this Court has not made in observation as far as the merit of the issue is concerned and learned Court below shall decide the petition before it, uninfluenced of any observations made by this Court in the course of disposal of these proceedings. Pending miscellaneous application(s), if any also stand disposed of accordingly.

December 19, 2025 ( narender )