Rakesh Vs Kumari Shivanya (Minor) — Himachal Pradesh HC (2025) — LawSathi Research

Rakesh Vs Kumari Shivanya (Minor) — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Amount deposited in the Registry of this Court to be released in favour of respondent Kumari Shivanya on her furnishing details of her bank account through her mother; till the interim order passed by the Court below is modified, altered or varied, monthly maintenance of Rs.10,000/- shall continue to be deposited in the account of the respondent's mother.

Issue for consideration

Whether the interim monthly maintenance of Rs.10,000/- awarded to the respondent was excessive or unreasonable so as to warrant interference by this Court in revision.

Court's answer

Taking into consideration the income of the petitioner, the maintenance awarded under the interim order cannot be said to be, in any way, excessive much less unreasonable.

Ratio / Principle

No reason found to interfere with the interim order of maintenance; accordingly, the revision petition is dismissed.

Key takeaways

The observations made are solely for the purpose of deciding the instant lis and shall not be construed as an opinion expressed on the merits of the case while fixing the final maintenance amount, which point remains open.obiter¶15

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Tarlok Singh Chauhan and Sushil Kukreja, JJ.; judgment by Tarlok Singh Chauhan, J., oral) dismissed Cr. Revision (FC) No. 70 of 2024 by which the petitioner challenged the interim order dated 14.03.2024 awarding monthly maintenance of Rs.10,000/- in favour of respondent Kumari Shivanya. Having gone through the respective affidavits filed pursuant to directions issued from time to time, the Court held that, taking into consideration the income of the petitioner, the maintenance awarded could not be said to be excessive, much less unreasonable, and found no reason to interfere with the interim order of maintenance. The Court clarified that its observations were solely for the purpose of deciding the instant lis and were not to be construed as an opinion on the merits while fixing the final maintenance amount. The amount deposited in the Registry was directed to be released to the respondent on her furnishing bank account details through her mother, and the monthly maintenance of Rs.10,000/- was directed to continue to be deposited in the account of the respondent's mother until the interim order passed by the Court below was modified, altered or varied.

1 2025:HHC:15001

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision (FC) No. 70 of 2024 Date of Decision: 21.05.2025

_____________________________________________________ Rakesh ....Petitioner Versus Kumari Shivanya …Respondent __________________________________________________ Coram_

The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge The Hon’ble Mr. Justice Sushil Kukreja, Judge

Whether approved for reporting?

________________________________________________ For the petitioner : Mr. Javed Khan, Advocate. For the respondent : Mr. Tara Singh Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate.

________________________________________________ Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed against the interim order dated 14.03.2024, whereby, monthly maintenance of Rs.10,000/- has been awarded in favour of the respondentKumari Shivanya.

Having gone through the respective affidavits filed before this Court pursuant to the directions issued from time to time, we are of the considered view that taking into consideration the income of the petitioner, the maintenance, so awarded, cannot be said to be, in any way, excess much less unreasonable.

2 2025:HHC:15001

Consequently, we find no reason to interfere with the

interim order of maintenance. Accordingly, the petition is dismissed.

However, it is made clear that the observations made

by this Court are solely for the purpose of deciding the instant lis and shall not be construed to be an opinion expressed on the merits of the case while fixing the final maintenance amount.

The amount deposited in the Registry of this Court be released in favour of the respondent-Kumari Shivanya on her furnishing details of her bank account through her mother.

Till the interim order passed by the Court below is not modified, altered or varied, the amount of maintenance i.e. Rs.10,000/- shall continue to be deposited in the account of the mother of the respondent, details whereof, shall be supplied by the learned counsel for the respondent to the learned counsel for the petitioner during the course of the day.

(Tarlok Singh Chauhan) Judge

(Sushil Kukreja) 21^st May, 2025 Judge (Sumit)