Extracted from the PDF above. The PDF is authoritative.
2025:HHC:25783 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO (FC) No. 12 of 2022
Date of decision:
31 .7 . 2025
Manider Singh.
...Appellant. Versus Rajni Bala.
…Respondent.
Corum Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the Petitioner. Mr.Ashok Kumar Thakur, Advocate. For the Respondent: Mr.Divya Raj Singh Thakur, Advocate.
Vivek Singh Thakur, Judge (Oral) Arrears of maintenance have not been paid by the appellant, rather learned counsel for the appellant has submitted that there is no
order passed in favour of respondent awarding maintenance, whereas
order dated 9.8.2023 passed in presence of learned counsel for the appellant, is very clear, whereby 7,000/- per month was awarded as ₹ maintenance in favour of respondent.
2. For non-payment of arrears of maintenance, on 24.4.2025, following order was passed:- 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes
2 2025:HHC:25783 FAO (FC) No. 12 of 2022
“Before the appellant is heard in the matter, let entire arrears of maintenance be paid to the respondent by him within a period of four weeks, failing which, the present appeal shall be deemed to be dismissed for want of non-compliance of order.”
3. Today, instead of informing about payment of arrears of maintenance, counsel for the appellant is disputing passing of order for payment of maintenance.
4.
Learned counsel for the respondent has submitted that after passing of order by the Court, though some amount has been paid, but not entire maintenance amount.
5. In view of aforesaid facts and circumstances, appeal is treated deemed to have been dismissed in terms of order dated
24.4.2025.
6. Needless to say that appellant if still wants to contest the appeal, he shall be at liberty to file application for revival of appeal, but subject to payment of entire arrears of maintenance, well before filing of the application. The appeal stands disposed of in aforesaid terms, alongwith application(s), if any. (Vivek Singh Thakur),
Judge. (Sushil Kukreja), Judge. 31st July, 2025 (Keshav)