Date Of Decision: 27Th June vs Sunil Kumar
2025 Latest Caselaw 6915 HP

Himachal Pradesh High Court

Date Of Decision: 27Th June vs Sunil Kumar on 27 June, 2025

2025:HHC:20201

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Date of Decision: 27th June, 2025.

     Manju Devi                                                       .....Petitioner




                                                                                       .
                                           Versus





      Sunil Kumar                                                    .....Respondent
      Coram

The Hon'ble Mr. Justice Bipin Chander Negi, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. H.S. Rangra, Advocate.

For the Respondent:

Mr. Vijay Chaudhary, Advocate.

Bipin Chander Negi, Judge (oral).

By way of the present petition, a challenge has been

laid to the impugned judgment dated 04.10.2024, passed by

the learned Addl. Principal Judge, Sundernagar, Distirict Mandi,

HP, in CMA No.669 /23.

2. Heard counsel for the parties and perused the impugned

judgment.

3. Learned counsel for the petitioner submits that by virtue

of the impugned order dated 04.10.2024 (Annexure P-6),

maintenance has been awarded from the date on which the

application for maintenance matured i.e. 16.09.2023.

According to the learned counsel for the petitioner, as per the

zimni orders appended along with the present petition, it is

evident that the application under Section 24, seeking interim

maintenance was filed on 01.10.2021.

Whether reporters of Local Papers may be allowed to see the judgment? YES

2025:HHC:20201

4. In view of the aforesaid, the only contention raised by

the petitioner in the present proceedings is that the

maintenance should have been granted to the petitioner from

.

01.10.2021 instead of 16.09.2023. In support of his

contention, he has drawn the attention of this Court to the

judgment passed by the Apex Court in 2021 (2) SCC 324,

Rajnesh Vs. Neha and Anr., whereby it has been held that

maintenance should be awarded from the date of filing of the

application.

5. to In view of the aforesaid, impugned judgment dated

04.10.2024, passed by the learned Addl. Principal Judge,

Sundernagar, Distirict Mandi, HP, in CMA No.669 /23, is

modified to the extent that the maintenance should be given to

the petitioner from 01.10.2021 instead of 16.09.2023.

6. Accordingly, the present petition is disposed of, so also

the pending application(s), if any.

(Bipin Chander Negi) Judge

27th June, 2025 (Gaurav Rawat)