Extracted from the PDF above. The PDF is authoritative.
1 ( 2025:HHC:15439 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO (FC) No. 15 of 2025 Decided on: 22.05.2025 ______________________________________________________________ Vipin Kumar
....Appellant Versus Suman Malhotra .…Respondent _ Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. _______________________________________________________________ Whether approved for reporting? For the appellant : Mr. Devender K. Sharma, Advocate. For the respondent : Mr. Surender K. Sharma, Advocate. Tarlok Singh Chauhan
, Judge
(oral) Heard. The learned Family Court while passing the decree of divorce has passed certain directions, as contained in paragraph 27 of the impugned judgment, which read as under:
“27. The petitioner is directed to pay monthly maintenance of Rs. 5,000/ per month to the respondent from the date of filing this petition till her life time or till the time she gets remarried. The petitioner is also directed to pay monthly maintenance of Rs. 5,000/ to the minor son namely Aryan from the date of filing the petition alongwith his education and medical charges. The respondent Suman Malhotra is also held entitled for residence rights under Section 25 of the Hindu Marriage Act. The petitioner Vipin Kumar is directed to provide residential accommodation to the respondent.”
2 ( 2025:HHC:15439 )
2. It is not in dispute that the respondent had not filed any application for grant of maintenance, as mandated under Rules 3 & 16 of Hindu Marriage and Divorce (Himachal Pradesh) Rules, 1982 and, therefore, such maintenance could not have been legally awarded to the respondent. On this short ground alone, we allow this appeal to the extent that monthly maintenance of Rs. 5,000/ awarded to the respondent (herein) is set aside. As regards, monthly maintenance of Rs. 5,000/ awarded to the minor son namely Aryan from the date of filing the petition alongwith his education and medical charges is concerned, such findings are ordered to be kept intact.
3. In view of the above, the appeal, so also pending application(s), if any, stands disposed of. ( Tarlok Singh Chauhan ) Judge ( Sushil Kukreja ) 22nd May, 2025 Judge (raman)