Vaneet Singh vs Smt. Priya Devi
2023 Latest Caselaw 5920 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Criminal Revision No.261 of 2023 Date of Decision: 16.05.2023

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Vaneet Singh .......Petitioner Versus Smt. Priya Devi ... Respondent _______________________________________________________

Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Shubham Sharma, Advocate.

For the Respondent: Nemo.

_______________________________________________________ Sandeep Sharma, Judge(oral):

Cr.MP (M) No.1161 of 2023

For the reasons set out in the application, delay of 5 days

in filing the appeal, which in my considered view has been sufficiently

explained, is condoned. Application stands disposed of. Appeal be

registered.

Cr. Revision No.261 of 2023

2. Instant Criminal Revision petition filed under Section 397

read with Section 401 of the Code of Criminal Procedure, lays

challenge to order dated 10.01.2023 passed by learned Sessions

Judge, Kangra, District Kangra, H.P., in Criminal Appeal No.26-

N/X/2021, titled as Vaneet Singh versus Priya Devi, whereby order

granting maintenance under Domestic Violence Act passed by

learned Additional Chief Judicial Magistrate, Nurpur, District Kangra,

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

H.P., in favour of the respondent has been modified to the extent that

maintenance awarded by learned trial Court at the of Rs. 8000/- has

been reduced to Rs. 5000/- per month.

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3. Though, learned counsel representing the petitioner

vehemently argued that order impugned in the instant proceedings

dated 10.01.20203 passed by learned Sessions Judge, Kangra at

Dharamshala is not tenable in the eye of law, but having taken note of

the fact that there is no denial of the fact that respondent is legally

wedded wife of the petitioner, coupled with the fact that petitioner is

earning sum of Rs. 22000/- per month, this Court sees no reason to

interfere in the matter. Otherwise also, order impugned in the instant

proceedings reveals that maintenance awarded by learned trial Court

has been already reduced to Rs. 5000/- per month, which by no

stretch of imagination can be said to be sufficient for maintenance of

the respondent. Since respondent has not come forward for

enhancement of the maintenance, there is no occasion to order for

enhancement of the maintenance.

4. In view of the above, this Court finds no merit in the

present petition and accordingly same is dismissed alongwith pending

applications, if any.

(Sandeep Sharma), Judge May 16, 2023 (shankar)