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High Court of Himachal Pradesh · body

2025 DAILYLAW 25902 (HP)

ASHWANI KUMAR v. GARIMA AND ANOTHER

CRMPM/2619/2024 · 2025-03-17

Sushil Kukreja, Tarlok Singh Chauhan

body2025

Judgment text

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Ashwani Kumar vs. Garima & another Cr.MP(M) No.2619 of 2024 17.03.2025 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Athrav Sharma, Advocate, for the applicant/appellant. Mr. Mohit Jaitak, Advocate, for the respondents. Cr.MP(M) No.2619 of 2024 Heard. Since the applicant/petitioner had earlier approached this Court by way of Cr.MMO No.861 of 2024, challenging the order dated 02.07.2024, passed in an earlier petition, it cannot be said that the petitioner has been negligent in filing the present revision petition. Even though, there is a delay of 446 days in filing the present revision petition, however, we find sufficient cause to condone the aforesaid delay. Accordingly,the present application is allowed the delay in filing the present revision petition is condoned. The application stands disposed of. Cr. Revision (FC) No.__of 2025/Cr.Rev(FC)ST No.12113/2024 It be registered. Issue notice. Mr. Mohit Jaitak, Advocate, appears and waives service of notice on behalf of the respondent. As prayed for, list on 28.04.2025. Cr.MP No._of 2025 (CRMPST No.12114 /2024) It be registered. Notice in the aforesaid terms. Since this Court is already seized of the matter and even otherwise in terms of the settled law, the Courts while assessing the maintenance, are required to take into consideration the grant of maintenance under any other provisions, which prima facie, in this case, have not been taken into consideration, therefore, we deem it appropriate to stay the implementation and execution of impugned judgment dated 08.06.2023, passed by the Principal Judge, Family Court, Una, H.P. in Case No. 150 of 2019 till the next date of hearing. Ordered accordingly. (Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge March 17, 2025 (reena)