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2025 DAILYLAW 33832 (HP)

JAVED AKHTAR AND ORS v. MUMTAJ BEGUM

CMPMO/270/2025 · 2025-10-06

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:33775 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 270 of 2025 Decided on: 06.10.2025 Sh. Javed Akhtar and others … Petitioners Versus Mumtaj Begum … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioners : Mr. M.A. Safee, Advocate. For the respondent : Mr. Sanjeev Kumar Suri, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have primarily prayed for the following reliefs:- “It is, therefore, respectfully prayed that this Court may kindly be pleased to allow the present petition and set aside the Impugned Judgment/Order dated 20.12.2024, passed by the Learned Additional Sessions Judge-1, Una, Camp At Amb, District Una in Cr. Appeal No. 93/2023, in the interest of Justice and Fair Play.” 2. Though mediation was attempted but the same was not successful. 3. The petitioners have assailed the order passed by learned Additional Sessions Judge (1), Una, camp at Amb, in terms whereof, in appeal, the respondent herein has been granted 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:33775 maintenance to the tune of Rs.5,000/- per month. 4. Learned Counsel for the petitioners has assailed the order inter alia on the ground that as the income of the husband is Rs.13,280/- only, which is evident from the order passed by the learned Appellate Court, the grant of maintenance of Rs.5,000/- per month is on the higher side. 5. On the other hand, learned Counsel for the respondent has submitted that in light of the fact that the respondent has no source of income and as petitioner No. 1, who is the husband, otherwise owes a duty to maintain his wife, the amount awarded by learned Appellate Court cannot be said to be on the higher side. 6. Having heard learned Counsel for the parties and having perused by the orders passed by the learned Courts below and taking into consideration the fact that the only ground urged before this Court is that the maintenance awarded by learned Appellate Court is on the higher side, this petition is disposed of by modifying the order passed by the learned Appellate Court to the effect that the amount of maintenance, as has been awarded by learned Appellate Court, is reduced from Rs.5,000/- per month to Rs.4,000/- per month as total wages of the husband are just Rs.13,280/- per month, however, rest part of the judgment passed by learned Appellate Court is not interfered with. 3 2025:HHC:33775 The petition stands disposed of in above terms. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge October 06, 2025 (narender)