Smt Meenakshi Goyal And Another vs Nipun Prakash Goyal on 6 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Civil Miscellaneous Appeal No. 2663 / 2016
1. Smt Meenakshi Goyal W/o Sh. Nipun Prakash Goyal, D/o Sh.
Harikrishan Tyagi, by caste Mahajan, aged about 38 years,
presently R/o House No. T-7, Simphony Pride Apartment, 560-
561, Kings Road, Nirman Nagar, Police Than Shyam Nagar, Jaipur,
(Raj).
2. Shourya S/o Sh. Nipun Prakash Goyal, aged about 15 years
minor through her natural guardian mother, Sr. No. 1.
—-Appellants/Applicants
Versus
Nipun Prakash Goyal S/o Late Sh. Prakash Chand Goyal, by caste
Mahajan, aged 43 years R/o Plot No. 87-88, Udainagar-A, Ajmer
Road Byepass, Jaipur. (Raj.)
—-Respondent/Non-applicant

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For Appellant(s) : Mr. Pradeep Mathur, Adv.
__
HON’BLE MR. JUSTICE AJAY RASTOGI
HON’BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
06/07/2017

Counsel, on instructions, informed that the respondent-husband

died during pendency of the proceedings.

The present order under challenge is dt.31.03.2016 passed on

application filed by the appellant u/Sec.24 of the HM Act, 1955 seeking

interim maintenance pendente lite which otherwise is not maintainable

in the light of the judgment of this court reported in AIR 1995 Raj. 47

and that apart on account of death of the respondent-husband, no

further proceedings can continue at least before this court.

Consequently, the instant misc. appeal stands dismissed.

However, the appellant is at liberty to take further recourse available to

her under the law.

(ASHOK KUMAR GAUR),J. (AJAY RASTOGI),J.

A.Kumar/41

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