MUKESH MITTAL Vs. SEEMA MITTAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution challenges the orders dated 10th November, 2004 granting interim maintenance to the respondent/wife by the petitioner/husband. The judgment was delivered on 6th June, 2005 after being reserved by the order dated 23rd May, 2005.

(2.) The petitioner filed a review petition in this Court which is recorded in the order dated 9th September, 2005 allowing the review petition as follows:- There is merit in one of the pleas raised by the petitioner in this application that on 23rd May, 2005 while reserving the orders, this Court has directed the parties to exchange offers for settlement and the case was listed for orders on 20th July, 2005. When this Court pronounced orders on 6th June, 2005, this fact had escaped the attention of this Court. Accordingly, the order dated 6th June, 2005 is set aside. The review petition and the delay application stand allowed and are disposed of accordingly. CM(M) No. 62/2005 To await the response of the respondent to the offer of the petitioner, list the matter on 23rd September, 2005.

(3.) Thus the review petition was allowed as this Court did not notice that the matter was fixed for a possible settlement and the judgment was inadvertently delivered on 6th June, 2005. The review petition was allowed on this ground on 9th September, 2005. Subsequently on 23rd September, 2005 this Court recorded the finding that the settlement was not possible between the parties and accordingly orders were again reserved.