IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 170 of 2024 Decided on: 03.01.2025 ____________________________________________________ Pushkar Kashmiri ……….. petitioner Versus Ashmin Kashmiri ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Arjun Lall, Advocate. For the respondents : Mr. Anand Sharma, Advocate ____________________________________________________ Bipin Chander Negi, Judge (oral) Proceedings under the Protection of Women from Domestic Violence Act 2005 in the case at hand were filed on 01.03.2017. In the aforesaid proceedings, an interim order was passed on 24.07.2018 by the trial Court. By virtue of the interim order, a sum of Rs.30,000/- had been fixed as maintenance. The said order was assailed unsuccessfully by the present petitioner/husband before the First Appellate Court. The appeal was decided on 28.05.2019. Feeling aggrieved by the appellate order, the present petitioner/husband has preferred the present petition before this court. The respondent wife was not aggrieved by the interim maintenance granted by the trial Court and upheld by the appellate Court. Hence, the same were never assailed by the respondent/wife. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 2. When the matter initially came up for adjudication before this Court vide order dated 09.08.2019, an interim order was passed. In terms of the interim order passed, the petitioner was directed to deposit 50% of the awarded maintenance amount of Rs.30,000/- i.e. Rs.15,000/- in the Registry of this court in every succeeding month on or before the 10th of the said month. 3. During the pendency of the present petition, proceeding under the Hindu Marriage Act, had been initiated by the petitioner. In the same, an application under Section 24 of Hindu Marriage Act for grant of maintenance had been filed by the present respondent. The same was decided vide order dated 19.10.2024. Copy whereof has been placed on record at page 252 of the paper book. From the perusal of the same, it is evident that as on date, the Family Court at Kangra, has awarded a sum of Rs.30,000/- as interim maintenance payable to the respondent and the daughters born out of the wedlock. The same is inclusive of maintenance payable under the D.V. Act which is a subject matter of the present petition. 4. Since the proceedings in the case at hand are pending adjudication before the trial Court since 1.3.2017, therefore, during the course of the hearing as an amicable solution in the interregnum, learned counsel appearing on behalf of the petitioner submitted that in terms of order dated 09.08.2019, the petitioner had been paying maintenance at the 3 rate of Rs.15,000/- per month from passing of the said order. As a consequence whereof, the arrears per month were Rs.15,000/- from that day. The petitioner is ready and willing to deposit the arrears of Rs.15,000/- per month from 09.08.2019 till today i.e. 3rd January, 2025. Learned counsel appearing on behalf of the petitioner submits that arrears would be deposited within a period of three months from today. The arrears so deposited shall be subject to the outcome of the final adjudication by the trial Court. 6. Other than the aforesaid, learned counsel appearing on behalf of the petitioner submits that from now onwards till adjudication of the lis in the case at hand, the petitioner would be paying a sum of Rs.30,000/- as has been awarded by the learned Family Court vide its judgment dated 19.10.2024 placed on record at page 252 of the paper book. 7. The aforesaid concession made by learned counsel appearing on behalf of the petitioner does not in the interregnum harm the interest of the respondent, even otherwise the same would help facilitate disposal of the main matter inter se the parties before the trial Court, therefore, the same is accepted. As a consequence whereof, the petitioner would deposit Rs.15,000/- per month w.e.f. 09.08.2019 till 03.01.2025. The arrears so deposited shall be subject to the final adjudication by the trial Court. The petitioner would henceforth keep paying a sum of 4 Rs.30,000/- as maintenance per month till the final adjudication of the lis in the case at hand by the trial Court. 8. Accordingly, impugned order dated 24.07.2018 passed by the trial Court and affirmed by the first Appellate Court vide order dated 28.05.2019 are set aside. The matter is remitted back to the trial Court for a final adjudication in terms of law. The pending lis be positively decided as expeditiously as possible subject to convenience of the trial Court within a period of six months from today. 9. Needless to say all question are left opened. 10. It is made clear that while recording the concession given by the learned counsel appearing on behalf of the petitioner, the merits of the matter have not been touched and nothing stated in the concession made would affect the rights of either of the parties. Accordingly, the petition is disposed of alongwith all pending applications, if any. (Bipin Chander Negi) Judge January 03, 2025 tarun