2026:HHC:32447 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Revision (FC) No.22 of 2025 Decided on: 04.08.2026. ________________________________________________________ Lalita ...Petitioner Versus Nitin Chandran ...Respondent Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioner: Mr. Rakesh Thakur, Advocate. For the respondent: Mr. Rohit Sharma and Ms. Rashmi Bhardwaj, Advocates. Vivek Singh Thakur, Judge [Oral] Petitioner has approached this Court against the order dated 07.03.2025, passed by Principal Family Court, Solan, District Solan, Himachal Pradesh in Petition No.44-S/40 of 2024, under Section 125 of the Cr.P.C., titled Lalita v. Nitin Chandran, seeking enhancement of the interim maintenance as well as granting the interim maintenance from the date of filing of the application for grant of interim maintenance as the Family Court 1 Whether reporters of Local Papers may be allowed to see the judgment? 2026:HHC:32447 - 2 - has awarded interim maintenance at rate of Rs.5,000/- per month from the date of passing of the order i.e. 07.03.2025. 2. The revision petition has been preferred for two reliefs i.e. for enhancement of the quantum of interim maintenance awarded by the Family Court as well as for awarding maintenance from the date of filing of the application. 3. Learned counsel for the petitioner submits that as the main proceedings filed by the petitioner for maintenance are in progress before Family Court which likely to be concluded in near future. Therefore, petitioner is not pressing the prayer for enhancing the quantum of interim maintenance in this petition as in case the Trial Court considers the petitioner entitled for higher amount of maintenance payable from the date of filing of the application then petitioner shall be entitled for arrear thereof after deducting the interim maintenance, if paid as awarded by the Trial Court. He has further submitted that however, the maintenance should have been granted from the date of filing of the application. 2026:HHC:32447 - 3 - 4. Learned counsel for the respondent submits that it is true that in case maintenance amount if granted on higher rate by the Trial Court it shall be adjusted against the payment already made or to be made, however, in case the final maintenance amount is granted on lower rate by the Trial Court then also the amount already paid is to be adjusted against the maintenance amount payable by the respondent. 5. The issue with respect to quantum of maintenance after final adjudication of the petition pending before the family Court has to be adjudicated by the Family Court, on its own merit, on the basis of material placed on record in evidence before it. However, we find force in the contention of the petitioner that the interim maintenance should have been awarded from the date of filing of the application and therefore, impugned order granting interim maintenance is modified to the extent that petitioner shall be entitled for interim maintenance from the date of filing of the application for grant of interim maintenance. 2026:HHC:32447 - 4 - 6. All other issues, raised in the revision petition are left open to be adjudicated by the Family Court at the time of final disposal. 7. Accordingly, petition is disposed of in aforesaid terms. 8. Pending miscellaneous application(s), if any, shall also stand disposed of. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge August 04, 2026 [Shivender]