JASKARAN SINGH BAATH Vs. PAWANJIT KAUR

JUDGEMENT

(1.) This is a matrimonial dispute. The husband/appellant had filed a petition under Section 13 of the Hindu Marriage Act,1955, for divorce against the respondent-wife. During the pendency of that petition, the respondent-wife moved an application under Section 24 of the Hindu Marriage Act,1955 seeking interim maintenance, which was allowed vide order dated April 09,2005 awarding Rs.30,000/- p.m. to the wife and children towards interim maintenance and further an amount of Rs.20,000/- was awarded towards litigation expenses. The appellant failed to pay the said amount and consequently, his petition for divorce was dismissed by the Court below on August 08,2005. Hence, this appeal.

(2.) When this matter came up for hearing before this Court on April 03,2006, following order was passed:-

(3.) Counsel for the parties have agreed that the amount as directed by this Court has already been paid up to March,2006. This Court is of the opinion that the maintenance @ Rs.20000/- per month is reasonable and justified under the circumstances of the case and keeping in view status of the parties. From April,2006,the appellant-husband shall continue to pay the amount thereafter @ Rs. 20000/- p.m. It is apparent from the record that the order dismissing the petition for divorce was passed only on the ground of non-payment of interim maintenance. As the amount has already been paid, this Court feels that the order dated August 08,2005 deserves to be recalled/set aside. In view of the facts mentioned above, this appeal is allowed. The order dated August 08,2005 is set aside and divorce petition is restored to its original number. The Court below is directed to hear the matter afresh and try to dispose of the same expeditiously, preferably within 9 months.