Sr. No. 66 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 39/2024 Deepak Sharma …. Appellant(s)/Petitioner(s) Through:- Mr. Mohinder Singh, Advocate. V/s Tania Sharma …..Respondent(s) Through:- None. CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 30.06.2026 1. This petition has been filed under Article 227 of the Constitution of India thereby assailing the order dated 25.09.2023 whereby the Court of learned Principal District Judge, Samba (for short “the Trial Court”) has awarded the interim maintenance of Rs. 5000/- per month and further Rs. 30,000/- as litigation expenses in favour of the respondent. 2. Learned counsel for the petitioner has vehemently argued that in the proceedings initiated by the respondent under Section 125 of Code of Criminal Procedure, an amount of Rs. 7000/- was awarded to the respondent pursuant to the consensus arrived at between the parties but the respondent while filing the petition under Section 24 of the Hindu Marriage Act concealed the factum of award of maintenance granted in proceedings initiated under Section 125 of the Cr.P.C. 3. Heard learned counsel for the petitioner and perused the order impugned. CM(M) No. 39/2024 2 4. Learned trial Court while passing the order impugned was aware of the fact that an amount of Rs. 7000/- was granted to the respondent pursuant to order passed by the learned Chief Judicial Magistrate, Samba in a petition filed by the respondent under Section 125 Cr. P.C. Additionally, an amount of Rs. 5000/- has been awarded to the respondent as an interim maintenance. 5. It is an admitted fact that a minor child born out of the wedlock between the parties is residing with the respondent. The respondent has not only to maintain herself but also as to take care of the minor child. After having perused the order impugned, this Court hardly finds any jurisdictional error on the part of the learned trial Court warranting the interference by this Court. 6. In view of the above, the present petition is found to be misconceived and the same is dismissed. At this stage, learned counsel for the petitioner submits that learned trial Court be directed to expedite the proceedings initiated by the petitioner under Section 13 of the Hindu Marriage Act. Accordingly, the learned trial Court is requested to conclude the proceedings initiated by the petitioner as expeditiously as possible and further no un-necessary adjournments be granted to either of the parties. 7. Dismissed. (Rajnesh Oswal) Judge JAMMU 30.06.2026. Neha-1 Neha Kumari 2026.07.02 11:30 I attest to the accuracy and integrity of this document