Geeta vs Rajesh Sehrawat
2022 Latest Caselaw 15616 P&H

217          IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                               CRR(F)-49-2019
                                               Date of Decision: 02.12.2022
Geeta                                                ..... Petitioner
                           Versus
Rajesh Sehrawat                                      .......Respondent
                                               CRR(F)-162-2019 (O&M)
                                               Date of Decision: 02.12.2022
Rajesh Sehrawat                                      ..... Petitioner
                           Versus

Geeta                                                .......Respondent

CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present:     Mr. Dinesh Arora, Advocate,
             for the petitioner CRR(F)-49-2019
             and for the respondent in CRR(F)-162-2019.

             Mr. Kamal Mor, Advocate,
             for the petitioner in CRR(F)-162-2019
             and for the respondent in CRR(F)-49-2019.
Rajesh Bhardwaj, J. (ORAL)

This order will dispose of above-mentioned two petitions as both

have been filed against the order dated 13.11.2018 passed by Principal Judge,

Family Court, Rohtak granting maintenance at the rate of Rs.4,000/- per month to

wife-Geeta. Both the parties have challenged the same. Husband-Rajesh Sehrawat

has alleged that the maintenance awarded is on higher side, whereas, wife-Geeta

has alleged it to be on lower side.

Learned counsel for both the parties have submitted before this Court

that the complainant-wife had also filed an FIR No.677/2015 and the said case has

been decided, wherein, the husband has been acquitted by the trial Court vide

order dated 19.10.2022. It has been submitted by both counsel that after passing of

the judgment by Hon'ble Supreme Court in case of Rajnesh Vs. Neha, 2021(2)

SCC 324, they are not pressing these petitions on merits and requesting for

relegating the parties to the learned Family Court by granting them opportunity

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of filing their respective affidavits before the said Court in accordance with law

settled in Rajnesh's case (supra) so as to decide the case afresh.

In view of the submissions made by both the counsel, the

impugned order 13.11.2018 is set aside and the matter is remanded back to the

learned Family Court for deciding it afresh. The parties would file their

respective affidavits of income etc. as per the law settled in the above-said case.

The Family Court would decide the same in accordance with law.

Both the petitions stand disposed of accordingly.

                                               (RAJESH BHARDWAJ)
02.12.2021                                         JUDGE
sharmila
                   Whether Speaking/Reasoned         :        Yes/No
                   Whether Reportable                :        Yes/No




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