Kanika Kandhari v. Rishi Kandhari
Case brief
What is this about?
Restitution of conjugal rights; Section 9 HMA petition dismissed without opportunity to lead evidence — restored; Section 24 HMA maintenance application disposed without quantification — to be decided afresh; duty of court to quantify maintenance amount awarded; adequate opportunity to prove case after framing of issues; findings without evidence condemned as violative of natural justice; Family Court Act, 1984 makes no exception to procedure; MAT.APP.(F.C.) 189/2019 and 287/2019; Family Court Karkardooma HMA No. 1461/2018; Principal Judge (East); adhoc maintenance Rs.50,000/- per month per order dated 12.07.2024; ITRs of Respondent and his father placed on record; appearance before Family Court on 05.12.2025.
What did the court decide?
Both Appeals allowed; Impugned Orders dated 28.03.2019 and 09.09.2019 set aside; Petition under Section 9 HMA restored to its original number; parties directed to appear before the Family Court on 05.12.2025; Family Court to decide the Section 24 HMA application afresh considering all material (including the ITRs of the Respondent and his father) and to permit the parties to lead oral and documentary evidence on the Section 9 Petition; Respondent to continue adhoc payment of Rs.50,000/- per month (per Coordinate Bench order dated 12.07.2024) until the Section 24 application is decided; pending applications disposed of.