IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Clarification/Modification Application No.49 of 2010 IN First Appeal No.73 of 2007 Harish Chandra Singh Chilwal … Appellant Versus Smt. Pushpa … Respondents Dated: 26.03.2010 Coram Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Hon’ble P.C. Pant, J. (Oral) Mr. Pradeep Hariya, Advocate along with Mr. Alok Mehra and Mr. Bhagwat Mehra, Advocates for the applicant/appellant. Mr. J.C. Belwal and Mr. P.S. Rawat, Advocates for the respondent. This is MCC application No.49 of 2010 moved on behalf of the applicant/appellant seeking clarification/ modification of judgment and order dated 24.7.2008 passed by this Court in FA No.73 of 2007, whereby this Court decreed the suit for divorce on the condition that the appellant shall pay Rs.10.00 lacs as lump-sum alimony to the respondent. Heard. Learned counsel for the applicant/appellant submitted that after the said judgment was passed by this Court, the daughters of the parties moved an application u/s 125(3) Cr.P.C. for recovery of maintenance. It is pleaded on behalf of the applicant/appellant that after the lump-sum amount has already been directed to be paid to the respondent, the appellant is not liable to pay further maintenance to the daughters of the parties to the appeal. The daughters of the parties to the appeal were not party in the appeal, as such we do not find any sufficient reason to modify/clarify the order dated 24.7.2008 passed in FA No.73 of 2007. Therefore, without prejudice to the rights of the parties in the maintenance proceedings filed by the daughters, this application MCC No.49 of 2010 is rejected. (Dharam Veer, J.) (Prafulla C.Pant, J.) 26.03.2010 Rdang