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2025 DAILYLAW 9979 (HP)

Manju Bala v. Raj Kumar

CMPMO/108/2025 · 2025-07-24

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.108 of 2025 Date of Decision : 24.07.2025 Manju Bala …… Petitioner Versus Raj Kumar ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 No For the petitioner : Mr. M.A. Safee, Advocate, vice Mr. Shubham Sood, Advocate. For the respondent : Nemo. Bipin Chander Negi, Judge (oral) The present petition has been filed seeking following relief:- “It is therefore, humbly prayed that present petition may kindly be allowed and the learned Additional Principal Judge-I, Family Court Una, District Una, H.P. below to dispose of the Execution pet no.33/2023 titled as Manju Bala vs. Raj Kumar filed by the petitioner for implementation of maintenance dated 29.12.2022 passed in the petition under section 125 of the code of criminal procedure as early as possible. In the interest of justice equity and fair play.” 2. The maintenance, in the case at hand, was granted to the present petitioner vide judgment dated 29.12.2022, passed in a petition filed under Section 125 of the Code of Criminal Procedure. If a party 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 against whom order of maintenance is passed fails to comply with the order of maintenance then in this respect it would be appropriate to refer to the authoritative pronouncement of the apex Court in Rajnesh vs. Neha and another, 2021 (2) SCC 324. Relevant extract thereof is being reproduced here-in-below:- “Section 125(3)  Cr.P.C provides that if the party against whom the order of maintenance is passed fails to comply with the order of maintenance, the same shall be recovered in the manner as provided for fines, and the Magistrate may award sentence of imprisonment for a term which may extend to one month, or until payment, whichever is earlier.” 3. In view thereof, present petition stands disposed of, so also pending miscellaneous application(s), if any. (Bipin Chander Negi) July 24, 2025 (KS) Judge