HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Miscellaneous Appeal No. 5404/2018
Manish Kumar Soni S/o Ramavtar Soni, Aged About 40 Years,
R/o 45 Saket Colony Opp. Swaimwar Marriage Place Murlipura
Path No. 7 Sikar Road Jaipur (Raj)
—-Appellant-Non-Applicant
Versus
Smt. Usha Soni W/o Manish Kumar D/o Shri Moti Lal Soni, Aged
About 39 Years, B/c Sunar R/o 133 D.D. Road Tirupati Apartment
Lack Town Kolkata (West Bengal)
—-Respondent-Applicant
For Appellant(s) : Shri Zakir Hussain
For Respondent(s) : Shri D.D. Khandelwal
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
29/05/2019
This appeal is directed against the order dated 6.10.2018 on
the petition filed by the respondent-wife under Section 24 of the
Hindu Marriage Act for grant of maintenance pendente lite and the
expenses of the litigation and travel. The matter is pending before
the Family Court N.2, Jaipur on petition filed by the husband
(appellant herein) under Section 13 of Hindu Marriage Act seeking
decree of divorce from the respondent. The learned Family Court
by the impugned order has directed payment of a sum of
Rs.25,000 as interim maintenance to the respondent-wife.
This Court while issuing notice of the appeal on 6.3.2019
directed that appellant-husband shall be required to pay a sum of
Rs.12,500 per month as the monthly maintenance to the
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respondent-wife in place of Rs.25,000 awarded by the Family
Court.
Learned counsel for the parties have submitted that the
matter has now ripped before the Family Court for final decision of
the divorce petition, which is listed before the Family Court on
18.6.2019. Both the leaned counsel submitted that neither party
will take adjournment in the matter and would be ready to argue
the matter finally.
Having regard to the submissions aforesaid and without
going further into the merits of the matter, which would prejudice
the case of either party, we deem it appropriate to dispose of the
appeal by directing Family Court No.2, Jaipur to decide the main
divorce petition itself on the date next fixed before it or on any
other date in the vicinity thereof, but not later than 14 th August,
2019.
The interim order passed by this Court shall remain co-
terminus with the decision of the divorce petition by the Family
Court, which shall be entitled to pass any order in its discretion in
accordance with law uninfluenced by the aforesaid interim order.
The appellant shall deposit before the Family Court the arrears, if
any, payable pursuant to the stay order passed by this Court by
which the impugned order passed under Section 24 of the Hindu
Marriage Act shall be taken to have been modified, before the next
date.
With that direction, the appeal is disposed of. The misc.
application no.29120/19 is disposed of.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J
RAVI SHARMA /11
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