Himachal Pradesh High Court
Date Of Decision: 30.09.2024 vs Tilko And Another on 30 September, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:9439
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Revision No.643 of 2024
Date of Decision: 30.09.2024
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Hans Raj @ Ghimo .......Petitioner
Versus
Tilko and Another ......Respondents
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1.
For the Petitioner: Mr. Goldy Kumar, Advocate.
For the Respondents: Mr. Tek Chand, Advocate.
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Sandeep Sharma, Judge(oral):
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. Mr. Tek Chand, Advocate, has put in appearance on
behalf of the non-applicant/respondent. He states that since no
plausible explanation has been rendered on record qua delay in
maintaining the accompanying criminal revision petition, prayer
made on behalf of the applicant/petitioner for condonation of delay
deserves to be declined.
3. Having heard learned counsel for the parties and
perused averments contained in the application, which is duly
Whether the reporters of the local papers may be allowed to see the judgment?
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supported by an affidavit, this Court is convinced and satisfied that
delay in maintaining the accompanying criminal revision petition is
.
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. r
5. Criminal Revision Petition be registered.
6. Being aggrieved and dissatisfied with order dated
18.10.2023 passed by learned Additional Principal Judge (Family
Court) Chamba, District Chamba, Himachal Pradesh, whereby
learned Court below, while considering the prayer made on behalf of
the respondent for grant of ad interim maintenance under Section
125 Cr.P.C, proceeded to award sum of Rs.3000/- 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. Goldy
Kumar, learned counsel for the petitioner, is that learned Court
2024:HHC:9439
below, while awarding ad interim maintenance, failed to take note of
the pleadings as well as other material adduced on record suggestive
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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
respondent as ad interim maintenance shall be adjusted in the
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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
11.12.2024, enabling it to do the needful well within stipulated
time. Pending applications, if any, also stand disposed of.
(Sandeep Sharma),
Judge
September 30, 2024
(Rajeev Raturi)
