Mohd.SohaiKhan, Vs Dr. Hina Mohiuddin

THE HON’BLE SRI JUSTICE B.PRAKASH RAO

CIVIL REVISION PETITION No.5714 of 2010

ORDER

The grievance of the petitioner-husband in this revision is that even though no counter is filed in the application, without taking up the matter for hearing and as orders have to be passed on merits, the Court below passed the docket order, dated 29.09.2010, in I.A.No.763 of 2009 in O.P.No.1427 of 2009, directing him to clear off the arrears of maintenance by 19.10.2010.

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There is no dispute that the petitioner filed O.P.No.1427 of 2009 seeking to declare him as guardian of minor children and to direct the respondent to deliver custody of the minor children. Pending the said O.P., the respondent-wife filed I.A.No.763 of 2010 claiming maintenance. The matter was adjourned several times for filing counter-affidavit. Even before the counter is filed, the Court below passed the docket order directing the petitioner to clear off the arrears of maintenance by 19.10.2010. Subsequently, the matter was adjourned to 19.10.2010, 23.11.2010 and 03.12.2010 and now, it is stated to be posted to 24.01.2011. In view of the same, the observation of the Court below could not effect as long as no orders have been passed in the main O.P. Any such direction is always subject to the final result that would be passed in the said application. Hence, it is not necessary for the Court below to pass such an order even before the main O.P. is taken up.

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The Civil Revision Petition is, accordingly, allowed and the

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docket order, dated 29.09.2010, directing the petitioner to clear off the arrears of maintenance, is set aside. However, the Court below is directed to pass appropriate orders in I.A.No.763 of 2010, on merits, in accordance with law after hearing both sides. No order as to costs.

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__________________ B.PRAKASH RAO, J

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Date:21.01.2011. Note: Issue CC within three days. (Bo) sj

Mohd.SohaiKhan, v. Dr. Hina Mohiuddin

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Mohd.SohaiKhan, v. Dr. Hina Mohiuddin

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