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2025 DAILYLAW 28059 (HP)

Manju Devi v. Sunil Kumar

CMPMO/741/2024 · 2025-06-27

Bipin Chander Negi

body2025

Judgment text

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2025:HHC:20201 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.741/2024 Date of Decision: 27th June, 2025. Manju Devi .....Petitioner Versus Sunil Kumar …..Respondent Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. H.S. Rangra, Advocate. For the Respondent: Mr. Vijay Chaudhary, Advocate. Bipin Chander Negi, Judge (oral). By way of the present petition, a challenge has been laid to the impugned judgment dated 04.10.2024, passed by the learned Addl. Principal Judge, Sundernagar, Distirict Mandi, HP, in CMA No.669 /23. 2. Heard counsel for the parties and perused the impugned judgment. 3. Learned counsel for the petitioner submits that by virtue of the impugned order dated 04.10.2024 (Annexure P-6), maintenance has been awarded from the date on which the application for maintenance matured i.e. 16.09.2023. According to the learned counsel for the petitioner, as per the zimni orders appended along with the present petition, it is evident that the application under Section 24, seeking interim maintenance was filed on 01.10.2021. 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 2 2025:HHC:20201 4. In view of the aforesaid, the only contention raised by the petitioner in the present proceedings is that the maintenance should have been granted to the petitioner from 01.10.2021 instead of 16.09.2023. In support of his contention, he has drawn the attention of this Court to the judgment passed by the Apex Court in 2021 (2) SCC 324, Rajnesh Vs. Neha and Anr., whereby it has been held that maintenance should be awarded from the date of filing of the application. 5. In view of the aforesaid, impugned judgment dated 04.10.2024, passed by the learned Addl. Principal Judge, Sundernagar, Distirict Mandi, HP, in CMA No.669 /23, is modified to the extent that the maintenance should be given to the petitioner from 01.10.2021 instead of 16.09.2023. 6. Accordingly, the present petition is disposed of, so also the pending application(s), if any. (Bipin Chander Negi) Judge 27th June, 2025 (Gaurav Rawat)