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2022 Supreme(HP) 817

AJAY MOHAN GOEL
Onkar Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.L. Soni, Advocate.
For the Respondents: M/s Dinesh Thakur, Sanjeev Sood, Mr. Amit Kumar Dhumal, Mr. Surender Sharma, Mr. Onkar Jairath, Mr. Lokender Pal Thakur,

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition, the petitioner has assailed the order passed by learned Principal Judge, Family Court, Bilaspur, H.P., dated 25.03.2021, which reads as under:­

    “It is stated by the respondent present in the Court that he is getting pension of Rs.14,000/­ per month, as he retired from Army in the year 2019. Keeping in view the facts and circumstances of the case and in view of the averments made by the respondent in the reply, the Court is of the opinion that Rs.2,000/­ per month is sufficient as interim maintenance to the petitioner. Hence, he petitioner is awarded with interim maintenance to the tune of Rs.2,000/­ per month from February, 2019 onwards. The application for interim maintenance disposed of accordingly. Papers of this application be tagged with main petition after due completion.”

2. Brief facts necessary for the adjudication of the present petition are that an application has been preferred under Section 125 of the Criminal Procedure Code, by the respondent against the petitioner, for grant of maintenance allowance. The respondent/applicant is father of the petitioner. During the pendency of the application under Section 125 of th

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