Ritika Thakur v. Shekhar Chandel

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Criminal Revision (FC) No.15 of 2026 Decided on: 22.09.2026 Smt. Ritika Thakur … Petitioner Versus Sh. Shekhar Chandel … Respondent Coram Hon'ble Mr. Justice Ajay Mohan Goel, Judge. Hon'ble Mr. Justice Yogesh Jaswal, Judge. Whether approved for reporting?1 ____________________________________________________

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For the petitioner: Mr. Suresh Singh Saini, Advocate. For the respondent: Mr. Devender K. Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- "It is, therefore, most respectfully prayed that this criminal revision petition may very kindly be allowed and the impugned judgment dated 05.01.2026 passed by the learned Principal Judge Family Court, Mandi in Case Registration No. 87 of 2023 may kindly be modified to the extent that the maintenance allowance may kindly be enhanced from Rs. 7500 to Rs. 15,000/-with effect from the date of filing of the original petition i.e. 27.07.2023 and further award litigation expenses of Rs. 35,000/- to the petitioner for the harassment and mental agony caused by the respondent's willful neglect in the interest of justice. Any other relief which deems fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner and against the respondent."

¶2The petitioner is aggrieved by the Order that has been passed by the Court of learned Principal Judge, Family Court, Mandi, in Case Registration No.87 of 2023, titled Mrs. Ritika Thakur versus Sh. Shekhar Chandel, decided on 05.01.2026, in terms whereof, the petition filed by the present petitioner for grant of maintenance under Section 125 of the Criminal Procedure Code has been disposed of by the learned Court below in the following terms:- Whether reporters of the local papers may be allowed to see the judgment?

"Final Order

¶24The respondent is directed to pay maintenance of 7,500 per month to the petitioner from the date of filing ₹ of the petition. The petitioner is already receiving 3,000 ₹ per month under the Protection of Women from Domestic Violence Act, 2005, and 4,000 per month as interim ₹ maintenance from this Court. Any amount already paid shall be adjusted against the maintenance of 7,500 per ₹ month, which shall be inclusive of such payments.

¶25Arrears shall be deposited within three months. The monthly maintenance shall be paid by the 10th day of every month.

¶26A copy of this order shall be supplied to the parties free of cost. After completion, the file shall be consigned to the record room."

¶3Having heard learned Counsel for the petitioner, as well as learned Counsel for the respondent and having perused the impugned order, we are of the considered view that the same does not call for any interference.

¶4The contention of the learned Counsel for the petitioner is that the petitioner be awarded maintenance of Rs.15,000/- per month. According to us, this contention cannot be accepted by the Court. Learned Court below has been pleased to award maintenance of Rs.7,500/- per month. This is, of course, inclusive of an amount of Rs.3,000/- per month which the petitioner is getting from the proceedings initiated under the Protection of Women from Domestic Violence Act, 2005.

¶5In light of the fact that the respondent herein is serving as a Bus Conductor and his net salary after deduction is Rs.27,584/- and as has also been observed by the learned Court below that the respondent herein is also looking after his ailing parents, who have no one else to look after them as the respondent herein is their only son, we are of the considered view that the awarded amount of maintenance is reasonable. As the petitioner stands awarded an amount of Rs.7,500/- per month in all, which is inclusive of the interim maintenance being received by her under the Protection of Women from Domestic Violence Act, 2005, at this stage we are not interfering with the amount as it stands awarded by the learned Court below. However, in light of the fact that these proceedings were initiated in the year 2023, which have been decided in the year 2026, the petitioner may after some time approach the Court again in accordance with law for enhancement of the maintenance amount.

¶6The petition is disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly.

(Ajay Mohan Goel)

Judge (Yogesh Jaswal) Judge

September 22, 2026 (Rishi)