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2025 DAILYLAW 19042 (HP)

RICHA SIPAHIYA/KATOCH v. RAHUL KATOCH

CMPMO/522/2024 · 2025-03-26

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 522 of 2024 Decided on: 26.03.2025 ______________________________________________________ Richa Sipahiya/Katoch ……….. petitioner Versus Rahul Katoch ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Anuj Gupta, Advocate. For the respondent : Mr. Neeraj Kumar Shashwat and Mr. Dixit Sahotra, Advocates, for the respondent. ____________________________________________________ Bipin Chander Negi, Judge (oral) Maintenance payable by the respondent in the case at hand was determined vide judgment dated 09.10.2023 passed in FAO(FC) N. 19 of 2023 titled Richa Katoch vs. Rahul. 2. Subsequent to the passing of the aforesaid judgment during the pendency of the lis inter se the parties before the Family Court, an application was filed by the present petitioner/wife for payment of arrears of maintenance as had been determined by the aforesaid judgment of the Division Bench dated 09.10.2023. From a perusal of the order sheets appended alongwith the present petition, it is evident that the aforesaid application filed before the Family Court for payment of arrears in terms of the judgment passed by a Division Bench of this Court was registered on 02.09.2021. Subsequent thereto, from a perusal of the order sheets placed on record, it is evident that 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 despite the application having been filed on 22.03.2024, no order qua the application was passed by the concerned Family Court. Since the application so filed went into a State of limbo/hiatus, therefore, the present petition was filed on 21.08.2024. 3. During the pendency of the present petition through the good offices of the learned counsel appearing on behalf of respondent, payment of maintenance pendente lite, arrears of maintenance payable to the present petitioner was made possible. Learned counsel appearing on behalf of the respondent fairly submits that in future the respondent in terms of judgment dated 09.10.2023 passed by a Division Bench of this Court during the pendency of the proceedings before the family Court shall continue to pay the monthly maintenance amount on or before 7th of every month. 4. In view thereof, present proceedings are closed and the petition stands disposed of. The learned Court below in future to ensure that applications of the nature as filed in the case at hand shall be dealt with promptly. The casual approach shown in the case at hand is to be avoided. Record requisitioned in the case be sent back forthwith to the trial Court. Parties to appear before the trial Court on 16th April, 2025, the date already reflected in the e-Court portal. Pending miscellaneous applications, if any also stand disposed of. (Bipin Chander Negi) Judge July 26, 2024 tarun