In a writ petition under Article 227 challenging proceedings regarding maintenance and divorce, the Court held that expedite measures for the underlying divorce suit were unjustified due to non-grant of interim maintenance. The petition was dismissed for lack of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8752 of 2018
Petitioner :- Satyendra Kumar Respondent :- The Family Court And Another Counsel for Petitioner :- V.K.S. Somvanshi
Hon'ble Mrs. Sunita Agarwal,J.
It is admitted to the petitioner that the respondent-wife has filed an application under Section 125 Cr.P.C. with the assertion that the petitioner, her husband is not maintaining her and their minor child. The petitioner is contesting the said application and as on date, no interim maintenance has been granted in favour of respondent no.2.
In view of the said circumstances, this Court does not find any justification to expedite the proceeding of the divorce suit filed under Section 13 of the Hindu Marriage Act' 1955 by the petitionerhusband.
The present petition is, thus, found devoid of merits and hence dismissed.
Order Date :- 5.12.2018 Himanshu
2 issues framed by the court
Whether this Court finds justification to expedite the proceeding of the divorce suit in light of the non-filing of interim maintenance?
Whether the present petition under Article 227 is devoid of merits?
3 provisions across 3 enactments
Satyendra Kumar
The Family Court And Another
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
