Extracted from the PDF above. The PDF is authoritative.
1 2025:HHC:5145 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CrMMO No.149 of 2025
Decided on : 07.03.2025
Chunni Lal Dogra
…Petitioner
Versus
Veena Dogra
…Respondent
Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting?
For the petitioner : Ms. Aashima Kalra, Advocate (through VC) For the respondent : Mr. Amrick Singh, Advocate.
Virender Singh, Judge (Oral)
By way of the present petition, indulgence of this Court has been sought to set aside the order dated 06.01.2025, passed by the Court of learned Principal Judge, Family Court, Kangra at Dharamshala (hereinafter referred to as the ‘trial Court’), in case No.19/2024, titled as ‘Veena Dogra Vs. Chuni Lal Dogra’.
2. Vide order dated 06.01.2025, the learned trial Court has passed the following order:-
2 2025:HHC:5145
“Time prayed to file the reply. Allowed. The applicant is a 65 year old lady and undergoing medical treatment. The respondent is directed to pay Rs.20,000/- per month as ad interim maintenance to the applicant. Be listed for filing of reply on 20.3.2025.”
3. Admittedly, before passing the said order, the requisite affidavits, as mandated by the Hon’ble Supreme Court in ‘Rajnesh Versus Neha and Another’, reported in (2021) 2 SCC 324, have not been filed.
4. In such situation, order dated 06.01.2025, passed by the learned trial Court, is ordered to be set aside and the learned trial Court is requested to proceed further, after directing both the parties to file requisite affidavits, within a period of 15 days and decide the application for interim maintenance, within a period of one month, from the date of receipt of this order.
5. The present petition is disposed of, in the aforesaid terms.
6. Pending miscellaneous application(s), if any, shall also stand disposed of.
(Virender Singh)
Judge March 07, 2025
Gaurav Thakur