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Dharmendra vs Smt. Priya @ Rekha on 19 October, 2019


?Court No. – 18

Case :- MATTERS UNDER ARTICLE 227 No. – 7439 of 2019

Petitioner :- Dharmendra

Respondent :- Smt. Priya @ Rekha

Counsel for Petitioner :- Kuldeep Kumar

Hon’ble J.J. Munir,J.

This petition under SectionArticle 227 of the Constitution has been filed seeking to set aside the impugned order dated 25.09.2019, whereby recovery warrants together with non-bailable warrants of arrest have been issued in enforcement of an order, granting maintenance pendente lite, under Section 24 of the Hindu Marriage Act in Misc. Application No. 736 of 2010, arising out of a Marriage Petition No. 1250 of 2009 passed by the Special Judge, Gangsters Act/Special Judge, Court No. 5, Bulandshahr, vide order dated 10.05.2011.

A perusal of the substantive order granting maintenance pendente lite in proceedings for divorce instituted by the petitioner-husband against the respondent-wife shows that towards litigation expenses including fee of counsel, a lump sum of Rs. 3000/- have been awarded and ordered to be paid within fifteen days. In addition, the wife has been granted maintenance pendente lite @ 2000/- per month till decision of the divorce petition, payable by the 10th of each succeeding month. The said order dated 10.05.2011 passed by the Special Judge, Gangsters Act/Special Judge, Court No. 5, Bulandshahr has been observed in breach by the petitioner-husband that has led to the impugned order issuing recovery warrants and non-bailable warrants of arrest. The order impugned is absolutely processual in nature, where no rights of parties are determined.

Considering the aforesaid facts and circumstances, this Court is not inclined to interfere with the order impugned. This petition is, accordingly, dismissed in limine.

There shall be no order as to costs.

Order Date :- 19.10.2019




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