In the High Court of Punjab and Haryana At Chandigarh Date of Decision:-31.10.2025 (cid:1)

Rajesh Kumar … Appellant (cid:1)

Versus Bindu Rani and others ... Respondents (cid:1)

CORAM:HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MRS. JUSTICE RAMESH KUMARI Present:- Mr. Rohit Aggarwal, Advocate for the appellant.(cid:1)

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Mr. R. K. Saini, Advocate for the respondent (cid:1)

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GURVINDER SINGH GILL, J.(Oral)

1. The appellant assails the order dated 06.02.2024 passed by the learned Family Court vide which the Court has granted interim maintenance to the respondent-wife @ Rs. 4,000/- per month and to the three children @Rs.2,000/- each per month.(cid:1)

2. Learned counsel for the appellant submitted that since the Family Court did not call for the affidavit of the parties with regard to their assets and income, therefore the impugned order deserves to be set aside.(cid:1)

3. Opposing the appeal, the learned counsel representing the respondent submitted that since vide impugned order interim maintenance has been fixed, the parties would be required to file their respective affidavits before the matter is finally decided and that no fault can be found in the impugned order, particularly when the amount awarded for the maintenance is bare minimum.(cid:1)

4. Learned counsel for the respondent has, however expressed that he does not have any objection in remand of the case provided the maintenance as already awarded is paid to the respondent.(cid:1)

5. Having regard to the aforesaid statement made by learned counsel for the respondent, the impugned order is set aside and the matter is remanded back to the Family Court, Hisar for deciding the matter pertaining to grant of interim maintenance afresh after calling for the affidavit with regard to their assets and income.(cid:1)

6. It is, however clarified that the petitioner in any case, shall pay an amount of Rs.1 lac in addition to the amount of Rs.1 lac which is stated to have been deposited in the Court, to the respondent within a period of 15 days from today. (cid:1)

7. Registry is directed to do the needful for release of the amount of Rs.1 lac (Rs.1,00,000/-) which already stands deposited in this Court in favour of the respondent subject to proper identification and receipt.(cid:1)

8. The Family Court concerned shall endeavour to dispose of the matter expeditiously, particularly the matter pertaining to grant of interim maintenance within a period of three months from today.(cid:1)

9. Needless to mention that the aforesaid amounts of Rs.2,00,000/- (Rs.1,00,000/-+ Rs.1,00,000/-) shall be adjusted towards the arrears of maintenance when calculated as per the amount as may be ordered by the Family Court.(cid:1)

10. The appeal is disposed of accordingly.(cid:1)

11. Pending application, if any shall also stand disposed of.(cid:1)

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(GURVINDER SINGH GILL )

JUDGE (cid:1)

(RAMESH KUMARI)

JUDGE October 31, 2025 archana Whether speaking /reasoned Yes / No (cid:1)

Whether Reportable Yes / No