Ompal vs Smt. Babita

Satya Poot Mehrotra and S.C. Agarwal, JJ.—The present appeal has been filed u/s 19 of the Family Court Act, 1984 against the judgment and order dated 9.4.2010 passed by the learned Principal Judge, Family Court, Meerut on an application filed by the Respondent u/s 24 of the Hindu Marriage Act, 1955. The said application was registered as Misc. Case No. 69 of 2009.

It appears that the Appellant filed the petition for divorce u/s 13 of the Hindu Marriage Act, 1955 against the Respondent, inter alia, praying for a decree of divorce. The said petition was registered as Divorce Petition No. 229 of 2009. Copy of the Divorce Petition has been filed as Annexure 1 to the affidavit accompanying the Stay Application.

During the pendency of the aforesaid Divorce Petition, the Respondent filed the aforesaid application u/s 24 of the Hindu Marriage Act, 1955. Copy of the said application filed u/s 24 the Hindu Marriage Act, 1955 has been filed as Annexure 2 to the affidavit accompanying the Stay Application.

The Appellant filed objections against the said application u/s 24 of the Hindu Marriage Act, 1955. Copy of the objections has been filed as Annexure 3 to the affidavit accompanying the Stay Application.

Learned Principal Judge, Family Court, Meerut by the impugned judgment and order dated 9.4.2010, inter alia, directed for payment of Rs. 3,000 per month as interim maintenance by the Appellant to the Respondent besides litigation expenses and travelling expenses.

The operative portion of the said judgment and order dated 9.4.2010 is reproduced below:

Application u/s 24 of the Hindu Marriage Act is allowed. The O. P. Ompal shall pay a sum of Rs. 3,000 per month to the applicant Smt. Babita from the date of presentation of this application and shall continue to pay this amount by 7th of each month through Bank Draft prepared in the name of the applicant Smt. Babita. The O. P. shall also pay a sum of Rs. 2,000 as litigation expenses and Rs. 200 per date for attending the proceedings in the Court. The balance amount shall be paid to the Appellant Smt. Babita by the O. P. Ompal within 30 days from today.

The Appellant has thereafter filed the present appeal.

We have heard Sri Vivek Kumar Singh, learned Counsel for the Appellant and Sri A. P. Mishra, learned Counsel for the caveator-Respondent and perused the record.

Learned Counsel for the parties have stated that the appeal may be decided without going into the merits of the case by reducing the quantum of interim maintenance from Rs. 3,000 per month to Rs. 2,000 per month while the other directions given in the aforesaid impugned judgment and order dated 9.4.2010 may continue to remain operative.

In view of the statements made by the learned Counsel for the parties, we are disposing of the appeal giving the following directions:

(i) The quantum of interim maintenance as awarded in the impugned judgment and order dated 9.4.2010, namely, Rs. 3,000 per month with effect from the date of presentation of the application u/s 24 of the Hindu Marriage Act, 1955 till date as well as for the future be reduced to Rs. 2,000 per month.

(ii) The amount of interim maintenance with effect from the date of presentation of the application u/s 24 of the Hindu Marriage Act, 1955 till the month of May, 2010 will be paid by the Appellant to the Respondent @ Rs. 2,000 per month within two months from today.

(iii) Interim maintenance with effect from the month of June, 2010 will be paid by the Appellant to the Respondent every month @ Rs. 2,000 per month by 7th of each such month, as directed in the impugned judgment and order dated 9.4.2010.

(iv) Rest of the terms and conditions as contained in the impugned judgment and order dated 9.4.2010 will continue to remain operative.

The appeal stands disposed of accordingly.