SHIVANI SHARMA Vs. KUNAL SHARMA

JUDGEMENT

(1.) Instant revision petition has been filed for setting aside the order dated 27.2.2013 passed by learned Additional District Judge, Panchkula, whereby earlier order dated 28.1.2012 has been modified to the extent that maintenance under Section 24 of the Hindu Marriage Act (for short 'the HMA') has been allowed to be paid from 1.12.2011 instead of the date of application under Section 24 of the HMA i.e. 28.10.2010. I have heard learned counsel for the parties and perused the record.

(2.) Learned counsel for the petitioner vehemently contended that no application for condonation of delay was filed along with application for review. Learned counsel for the petitioner further contended that once the order on merits has been passed by the court under Section 24 of the HMA, same cannot be reviewed only on the ground that under Section 125 Cr.P.C. the maintenance has been awarded and some compromise has been effected.

(3.) Learned counsel for the respondent vehemently opposed the contentions raised by learned counsel for the petitioner and submitted that once the compromise has been effected between the parties then the court is bound to amend the order accordingly and the order has rightly been amended by the court. Learned counsel for the respondent further submitted that petitioner had agreed to accept the maintenance from 1.12.2011; as such the order is perfect on all aspects and there is no illegality or perversity in the impugned order.