PRASHANT JHA Vs. ISHA JHA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and decree dtd. 28/2/2023 (Annexure A-1). The divorce petition filed by the husband was dismissed on the ground that he has failed to pay interim maintenance pendente lite under Sec. 24 of the Hindu Marriage Act, 1955 (for short "Act of 1955") to the wife/ respondent. This is the short question involved in this case.

(2.) The facts of the case would show that husband/ appellant filed an application seeking divorce against the wife/ respondent under Sec. 13(1) of the Act of 1955 on various grounds. The wife after her appearance filed an application under Sec. 24 of the Act of 1955 seeking interim maintenance pendente lite and litigation expenses. Thereafter, by order dtd. 5/3/2020 amount of Rs.5,000.00 as litigation expenses and interim maintenance pendente lite of Rs.9,000.00 per month was awarded. Further, when the case came up for hearing on 28/2/2023, the issue of non payment of interim maintenance pendente lite was slated before the learned Family Court and the Learned Family Court dismissed the divorce petition filed by the husband on this ground.

(3.) Learned counsel for the appellant/ husband would submit that the dismissal of divorce petition on the ground of non payment of interim maintenance pendente lite cannot be done as the grant of divorce is governed under Sec. 13 of the Act of 1955. He further placed his reliance in the case of Manilal Maganlal Mistry Vs. Jasumatiben D/O Mistry Ramjibhai . He further submits that such ground having not been incorporated under Sec. 13 either allowing or dismissal of divorce petition cannot be ordered for and the dismissal order of the learned Family court necessarily need interference by this Court.