Himachal Pradesh High Court
Date Of Decision:19.09.2024 vs Meenakshi Goel on 19 September, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
024:HHC:8843
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.Revision No.39 of 2023
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Date of Decision:19.09.2024
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Gaurav Goel ...Petitioners
Versus
Meenakshi Goel ...Respondent
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Coram:
The Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?1 .
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For the Petitioner: Mr. Akshay Singh and Jeevan Kumar,
Advocates.
For the Respondent: Mr. Karan Singh Kanwar, Advocate.
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Sandeep Sharma, J. (Oral)
Instant Criminal Revision Petition filed under Section
397/401 of the Code of Criminal Procedure read with Section 19(4)
of the amended Family Court Act, 2022, lays challenge to order
dated 14.12.2022 passed by learned Additional Sessions Judge,
Sirmour at Nahan, Himachal Pradesh in Criminal Appeal No.57-
N/4 of 2022, whereby petition under Section 125 Cr.P.C, having
been filed by the respondent, came to be allowed.
2. Precisely, the grouse of the petitioner as has been
highlighted in the petition and further canvassed by learned
counsel for the petitioner is that, learned Court below, while
passing impugned order, has failed to do the needful in terms of
Whether reporters of the local papers may be allowed to see the judgment?
024:HHC:8843
the mandate contained in judgment dated 19.08.2021 passed by
Co-ordinate Bench of this Court in Cr. Memo No.21 of 2018, titled
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Meenakshi Goel vs. Gaurav Goel, whereby this Court, while
remanding the case back to the Court below, had specifically
directed to decide the matter afresh taking note of printouts of the
documents brought to the notice of this Court in afore proceedings.
3. Learned counsel representing the respondent fairly
admits that, while passing order dated 14.12.2022, Court below
has failed to take note of printouts of the documents brought to the
notice of this Court at the time of passing of judgment dated
19.08.2021 in Cr. Memo No.21 of 2018. Besides above, this Court
also finds that both the parties at no point of time furnished affidavit
with regard to their assets and liability in terms of judgment
passed by Hon'ble Apex Court in Rajnish versus Neha and
another, 2021(2) SCC, 324, which is otherwise mandatory in such
like cases .
4. Consequently, in view of the above, impugned order
dated 14.12.2022 is set aside and matter is remanded back to the
Court of learned Additional Sessions Judge, Sirmour at Nahan,
Himachal Pradesh with the direction to decide the same afresh on
the basis of observations made by Co-ordinate Bench of this Court
in para No.12 of the judgment dated 19.8.2011 passed in Cr.MMO
024:HHC:8843
No.21 of 2018, titled Meenakshi Goel vs. Gaurav Goel
expeditiously, preferably within a period of two months.
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5. Needless to say, both the parties would also furnish
affidavit with regard to their assets and liability in the Court below
in terms of the judgment passed by Hon'ble Apex Court in Rajnish
versus Neha and another(supra), enabling Court below to
ascertain the paying capacity of person, against whom
maintenance has been claimed and financial capacity of the
person, seeking maintenance under Section 125 Cr.P.C.
6. Learned counsel representing the parties undertake to
cause presence of their respective clients before Court below in
person or through counsel on 03.10.2024, enabling Court below to
proceed with the matter afresh, however, before proceedings
further with the matter, petitioner herein is directed to deposit the
arrears of maintenance at the rate of 5000/- per month, if not
already paid, awarded by learned trial Court vide order dated
15.09.2015, which otherwise in any eventuality, would be adjusted
towards the amount, if any, awarded in favour of the respondent in
the proceedings under section 125 Cr.P.C. Pending applications, if
any, also stands disposed of.
(Sandeep Sharma)
Judge
September 19, 2024
(shankar)
