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Mohd. Shakeel vs Sabiha Khan on 29 January, 2020

1 MP-538-2020
The High Court Of Madhya Pradesh
MP-538-2020
(MOHD. SHAKEEL Vs SABIHA KHAN)

1
Jabalpur, Dated : 29-01-2020

Shri D.S. Dubey, learned counsel for the petitioner.
Heard on the question of admission and I.A. No.1252/2020.
Let notice be issued to the respondent on payment of process-

fee within seven days, by ordinary as well as RAD mode.

From the order impugned, it reflects that the Court has awarded
interim maintenance @ Rs.4,000/- and Rs.2,000/- lump-sum towards
the cost of litigation.

As per the petitioner, a petition seeking decree of divorce is
pending before the Court below and when there is a specific provision
under the Hindu Marriage Act, 1955, for grant of maintenance
pendente lite, then how entertaining an application under Section 151
of the Code of Civil Procedure, maintenance is granted by the Court

below, therefore, record of the Court below is required to be
examined.

Accordingly, let record of the Court below in respect of Case
No.132-A/14 be requisitioned.

By way of interim measure, operation of the order impugned
dated 17.01.2020 (Annexure-P/4) shall remain stayed till the next
date of hearing.

List this matter in the week commencing 02.03.2020.
Notice be made returnable by the next date of hearing.
Certified Copy as per rules.

(SANJAY DWIVEDI)
JUDGE

Digitally signed by PRACHI PANDEY
Date: 29/01/2020 16:41:52
2 MP-538-2020
Prachi

Digitally signed by PRACHI PANDEY
Date: 29/01/2020 16:41:52

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