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Judgment
6 paragraphs · 220 wordsVipin Sanghi, CJ
1) Despite service none appears for the respondent. We, accordingly, proceed to dispose of the present appeal.
2) The present appeal is directed against the order dated 05.08.2022, passed by the Principal Judge, Family Court, Dehradun, in Original Suit No. 703 of 2020, whereby the application preferred by the appellant under Section 24 of the Hindu Marriage Act to seek maintenance has been disposed of. By the impugned order, she has been denied maintenance, and only granted litigation expenses of Rs.10,000/-.
3) We have perused the impugned order, and we find that the same is completely bereft of any discussion, or application of mind. The impugned order cursorily records the case of the parties, and does not go beyond that. There is no reason or basis discernible as to why the learned Principal Judge, Family Court has thought it fair to reject the appellants application.
4) We, accordingly, set aside the impugned order, and remand the case back to the Principal Judge, Family Court, Dehradun, to re-hear the parties on the basis of their respective pleadings and affidavits, and to decide the application afresh. If it is considered necessary, the Principal Judge, Family Court, may call for further affidavits of the parties in support of their respective cases.
5) Appeal stands disposed of in the aforesaid terms.