Rajeev Bharti vs Parinita & Anr
2023 Latest Caselaw 17580 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT
                     SHIMLA
                      Cr. Revision No. 488 of 2023

                                      Decided on : 6.11.2023




                                                             .

    Rajeev Bharti
                                             ...Petitioner





                                Versus

    Parinita & anr.                   ...Respondents

    ___________________________________________




    Coram
    Hon'ble Mr. Justice Virender Singh, Judge
    Whether approved for reporting?
    ________________________________________________


    For the Petitioner :        Mr. Devender K. Sharma,
                                Advocate.

    For the Respondents : Mr. Ajay Chandel, Advocate.


    _____________________________________________________
            Virender Singh, Judge (oral)

By way of present revision petition, petitioner-husband

has assailed the order dated 31.7.2023, passed by the learned

Principal Judge (Family Court) Mandi, H.P. in Cr. M.A. No. 796

of 2022, titled as 'Smt. Parinita & anr. Vs. Rajeev Bharti'.

2. By way of impugned order, the learned Principal

Judge, Family Court, Mandi has directed the petitioner, Rajeev

Bharti to pay a sum of Rs. 3000/- per month, to the

applicants, as monthly maintenance amount, during the

pendency of the main petition.

3. The perusal of the impugned order shows that the

.

same has been passed in violation of dictate of Hon'ble

Supreme Court in 'Rajnesh Vs. Neha and another', (2021) 2

Supreme Court Cases 324, especially the directions, as

contained in para-129 of the judgment, which is reproduced as

under:

"The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II and III of this judgment, as may be applicable, shall be filed by both parties in all

maintenance proceedings, including pending proceedings,

before the Family Court/District Court/Magistrates Court concerned, as the case may be, throughout the country."

4. This factum has not been disputed. In such situation,

this Court is left with no option, but to set aside the impugned

order and remand back the matter to the Family Court,

Mandi, H.P. Ordered accordingly.

5. Keeping in view the nature of proceedings, it is

expected from the learned Principal Judge, Family Court,

Mandi to decide the application, filed under Section 125 Cr.

P.C., within a period of one month, from the date of

appearance of the parties, before it.

6. Parties to the present petition are directed to file

requisite affidavits, as per the judgment, passed by the Hon'ble

Supreme Court, as referred to above, within seven days from

.

the date of their appearance.

7. The parties, through their counsel, are directed to

appear before the learned Principal Judge, Family Court,

Mandi, on 20.11.2023.

8. With these observations, the present petition is

disposed of, so also the pending application(s), if any.

(Virender Singh)

Judge

November 6, 2023 Kalpana