Himachal Pradesh High Court
___________________________________________________________________ vs Kusum Lata And Another on 3 October, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Revision No.655 of 2024
Date of Decision: 3.10.2024
___________________________________________________________________
Virender Kumar .......Petitioner
Versus
Kusum Lata and Another ......Respondents
___________________________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1.
For the Petitioner: Mr. Ishan Kashyap, Legal Aid Counsel.
For the Respondents: Mr. Neeraj Sharma and Mr. Hemant
Thakur, Advocates.
___________________________________________________________________
Sandeep Sharma, Judge(oral):
Cr.MP(M) No.465 of 2024
By way of instant application filed under Section 5 of
the Limitation Act, prayer has been made by the applicant for
condonation of delay in filing the accompanying criminal revision
petition, which is barred by limitation.
2. Despite sufficient opportunity, no reply has been filed to
the application and as such, this Court has no option but to decide
the application on the basis of material available on record.
3. Having heard learned counsel for the parties and
perused averments contained in the application, which is duly
supported by an affidavit, this Court is convinced and satisfied that
delay in maintaining the accompanying criminal revision petition is
Whether the reporters of the local papers may be allowed to see the judgment?
neither intentional nor willful, rather same has occurred on account
of circumstances which were completely beyond the control of the
applicant and as such, same deserves to be condoned.
4. Accordingly, for the reasons stated in the application,
delay in filing the petition, which in my considered view, has
sufficiently been explained, is condoned. The application stands
disposed of.
5. Criminal Revision Petition be registered.
6. Being aggrieved and dissatisfied with order dated
7.9.2022 passed by learned Additional Principal Judge (Family
Court) Sarkaghat, Mandi, District Mandi, Himachal Pradesh in
Cr.MA No. 1099 of 2019, whereby learned Court below, while
considering the prayer made by the respondent for grant of ad
interim maintenance under Section 125 Cr.P.C, proceeded to award
sum of Rs.3000/- each, per month as interim maintenance,
petitioner has approached this Court in the instant proceedings filed
under Section 19(4) of the Family Court Act, praying therein to set
aside aforesaid order.
7. Precisely, the grouse of the petitioner as has been
highlighted in the petition and further canvassed by Mr. Ishaan
Kashyap, learned counsel for the petitioner, is that learned Court
below, while awarding ad interim maintenance, failed to take note of
the pleadings as well as other material adduced on record suggestive
of the fact that the respondent has sufficient means to sustain
herself.
8. 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.
9. 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.
10. 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
respondents as ad interim maintenance shall be adjusted in the
amount, if any, awarded in the main petition under Section 125
Cr.P.C.
11. Learned counsel representing the parties undertake to
cause presence of their respective clients before the Court below on
23.10.2024, enabling it to do the needful well within stipulated time.
Pending applications, if any, also stand disposed of.
(Sandeep Sharma),
Judge
October 3, 2024
manjit
