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Frivolous HMA 24 Petition under Article 227 dismissed with cost

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM(M) 67/2014
16th July , 2014

MRS. PURNIMA LAL ……Petitioner
Through: Ms. Vasundhra Singh, Advocate.

VERSUS

SHRI UDIT AGRAWAL, IAS …… Respondent
Through: Ms. Meenakshi Lekhi, Senior Advocate with Mr. Harish Pandey, Advocate.

CORAM:HON’BLE MR. JUSTICE VALMIKI J.MEHTA

C.M. No.1192/2014 (exemption)
1. Exemption allowed subject to just exceptions.
C.M. stands disposed of.

C.M.(M) No.67/2014 and C.M. No.1191/2014 (stay)

2. Powers under Article 227 of the Constitution of India are given so that in extraordinary situations, this power is exercised to prevent clear cut injustice. Powers under Article 227 of the Constitution of India are also normally exercised when there is an order or a judgment which decides an interim application or the proceedings finally.

Against orders of adjournments or passing of procedural orders which are to enable final orders being passed on an application which is pending, powers under Article 227 of Constitution of India are normally not entertained except in gravest of grave cases.

3. This petition under Article 227 of the Constitution of India has been filed against the impugned order of the court below dated 5.9.2013 which is hearing the divorce petition filed by the respondent herein. In the divorce petition, an application was filed by the present petitioner/wife for maintenance. For deciding the amount of maintenance, and taking note that the present petitioner is working as a Manager in Vodafone, directions were issued for filing of affidavits and documents so as to determine the financial capacity of each of the parties to decide the issue of maintenance. It is against such an order that this petition under Article 227 of the Constitution of India is filed.

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4. I am constrained to note that considerable litigation which comes up in this roster is completely frivolous litigation, and quite clearly initiated on wrong advice being given by the lawyers or the litigation is in the nature of speculation being done by the litigants. It is noted that only if vital rights of the parties are decided then Article 227 can be invoked. In fact, if a particular order is passed which will decide the issue of maintenance, the same would be appealable under the provisions of the Hindu Marriage Act,1955 or if not appealable then provision of Article 227 can be exercised at that stage. But today when there is no final order in an interim application under Section 24 of Hindu Marriage Act, this petition under Article 227 of Constitution of India does not lie.

5. In view of the above, this petition is wholly frivolous and is dismissed with costs of Rs.25,000/- and which costs shall be a condition precedent to the petitioner contesting the case below. After all, if a wife has enough money to engage lawyers for filing of frivolous petitions under Article 227, then there is no reason why if the respondent has to incur costs to defend such proceedings, costs should not be imposed.

JULY 16, 2014 VALMIKI J. MEHTA, J.

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