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Judgments of Supreme Court of India and High Courts

Manish Kumar Soni S/O Ramavtar … vs Smt. Usha Soni W/O Manish Kumar D/O … on 29 May, 2019

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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(2 of 2) [CMA-5404/2018]

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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