SH. UTTAQM SINGH, S/O LATE SH. PURAN DASS, R/O VILLAGE CHALOG, TEHSIL SUNI, DISTRICT SHIMLA, H.P. Vs. SMT. KOKLA DEVI, W/O SH. UTTAM SINGH VERMA, R/O VILLAGE SANVI, PARGANA CHAUTHA, TEHSIL SUNI, DISTRICT SHIMLA, H.P.

JUDGEMENT

(1.) HEARD . By filing the present review petition under Section 114, read with Order 47, Rule 1 of the Code of Civil Procedure, 1908 the petitioner is seeking review of the judgment dated 13.03.2012 passed by this court in Civil Revision No. 172 of 2011, Smt. Kokla Devi Vs. Sh. Uttam Singh Verma, wherein it was held as under vide para 5: -

(2.) However, it is done keeping in view the facts and circumstances of each case and on and overall view of the matter. In the present case, admittedly a plea to this effect was raised by the respondent -husband during trial of the petition under Section 18 of the 1956 Act that the amount of monthly maintenance being received by the wife under Section 125 Cr.P.C. should be adjusted against the amount of maintenance to be awarded to her under Section 18 of the 1956 Act. However, on consideration, such plea did not find favour with the court. It is not disputed that the order of maintenance under Section 18 of the 1956 Act attained finality without being challenged by the husband in the higher court. In such circumstances, as is the settled proposition in common law that the Executing Court cannot go beyond the decree would apply to the present case as well and more so when the husband has an alternative remedy under Section 25 of the 1956 Act, wherein he may apply for alteration of the maintenance amount, particularly in view of changed circumstances such as his subsequent retirement from service. Furthermore, the total amount of maintenance to which the wife is entitled under Section 125 of the Code and Section 18 of the 1956 Act comes to Rs. 4,000/ - per month and cannot be said to be on a higher side in the facts and circumstances of the case.