Sanjay Kumar Sinha vs Asha Kumari

CIVIL APPEAL NO. 3658 OF 2018 (Arising out of S.L.P.(c) No. 6301 of 2017)

Sanjay Kumar Sinha ….Appellant(s)

VERSUS

Asha Kumari & Anr. ….Respondent(s)

JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed by the husband against the

final judgment and order dated 27.10.2016 passed

by the High Court of Judicature at Patna in CMJC

No.965/2016 whereby the High Court dismissed the

application filed by the appellant herein and upheld Signature Not Verified Digitally signed by

the order dated 15.07.2016 passed by the Principal ASHA SUNDRIYAL Date: 2018.04.09 16:17:00 IST Reason: 1 Judge, Family Court, Begusarai in Divorce Case

No.42 of 2010.

3. Few facts need to be mentioned to appreciate

the short issue involved in the appeal.

4. The dispute is between the husband and wife.

The appellant is the husband whereas the

respondent is the wife.

5. The appellant (husband) has filed the divorce

petition under Section 13 of the Hindu Marriage

Act, 1955 (hereinafter referred to as “the Act”)

against the respondent (wife) being Divorce Case No.

42/2010 before the Principal Judge, Family Court,

Bagusarai. It is pending for its final disposal.

6. The respondent (wife) filed an application

under Section 24 of the Act in the aforesaid Divorce

petition and claimed from the appellant (husband)

pendente lite monthly maintenance for herself and

her daughter. The appellant contested it.

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7. By order dated 15.07.2016, the Family Judge

awarded Rs.8000/- per month to the wife and

Rs.4000/- per month to her minor daughter

towards the maintenance and Rs.2500/- per month

towards the litigation expenses.

8. It may be mentioned here that the respondent

(wife) had also filed one application under Section

125 of the Criminal Procedure Code, 1973

(hereinafter referred to as “Cr.P.C”) seeking

maintenance before the Principal Judge, Family

Court, Samastipur. By order dated 03.01.2011, the

Family Judge allowed the application and awarded

Rs.4000/- per month to the wife (petitioner therein)

and Rs.2000/- per month to the daughter towards

the maintenance and Rs.5000/- towards the

litigation expenses.

9. The appellant (husband) felt aggrieved by the

order dated 15.07.2016 by the Family Judge and

3 filed civil miscellaneous application in the High

Court at Patna. By impugned order, the Single

Judge upheld the order dated 15.07.2016 of the

Family Judge, Begusarai and dismissed the

application filed by the appellant herein, which has

given rise to filing of the present appeal by way of

special leave before this Court by the husband.

10. Heard Mr. Abhishek Vikas, learned counsel for

the appellant and Mr. Ranjit Kumar Sharma,

learned counsel for the respondents.

11. Having heard learned counsel for the parties

and on perusal of the record of the case, we are

inclined to dispose of the appeal finally as under:

12. First, the Family Court shall decide the main

Divorce Case No. 42/2010 preferably within 6

months on merits.

13. Second, consequent upon passing of the

maintenance order dated 15.07.2016 under Section

4 24 of the Act by the Family Court, the order passed

by the Family Court, Samastipur under Section 125

of Cr.P.C. stands superseded and now no longer

holds the field. Indeed, this fact was conceded by

the learned counsel appearing for the respondent

(wife).

14. Third, the appellant (husband) shall, during

pendency of main divorce case, continue to pay in

cash a sum of Rs.8000/- p.m. (Rs.6000/- to the

wife and Rs.2000/- to the daughter) and for the

balanced sum, i.e., Rs.4000/- p.m., the appellant

would furnish security.

15. Fourth, depending upon the outcome of the

main case, appropriate orders towards permanent

maintenance and its arrears be also passed.

16. Fifth, the arrears towards monthly

maintenance be paid by the appellant to the

respondent (wife) within one month from the date of

5 this order, if any, at the rate fixed by this Court

above.

17. Sixth, payment of monthly maintenance

amount, as fixed by this Court, be paid on 1 st of

every month by the appellant to the respondent.

18. Seventh, security for the balance amount (at

the rate of Rs.4000/- per month) be furnished

within one month to the satisfaction of the Family

Judge after calculating the monthly maintenance

and arrears liability.

19. Parties are at liberty to adduce evidence on the

issue of grant of permanent maintenance in the

main case.

20. Parties are also granted liberty to mediate and

settle the issue amicably by appearing before the

Family Court and if the issue is not settled

amicably, the Family Court would decide it on

merits, as directed above.

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21. We have not expressed any opinion on the

merits of the issue and, therefore, the Family Court

will decide the case, without being influenced by our

order, only on the basis of pleadings and evidence

adduced by the parties in the main case.

22. With these directions, the appeal stands

disposed of.

………...................................J. [R.K. AGRAWAL]

…...……..................................J. [ABHAY MANOHAR SAPRE] New Delhi;

April 09, 2018

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