VIJAY KUMAR SHARMA Vs. SHALINI SHARMA

JUDGEMENT

(1.) THIS writ petition has been filed for issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18-12-2007 passed by the Principal Judge, Family Court, Dehradun in Misc. Case No. 16 of 2007, Shalini Sharma Vs. Vijay Sharma, under Section 24 of the Hindu Marriage Act (for short the Act ). By the impugned order (Annexure NO. 3), the Principal Judge, Family Court while allowing the application under Section 24 of the Act moved by the respondent has directed the petitioner to pay a sum of Rs. 500/- per month as interim maintenance as well as a sum of Rs. 7000/- as litigation expenses.

(2.) ACCORDING to the petitioner, the marriage between the parties was solemnized according to Hindu rites and rituals on 12. 05. 2001 at Bareilly. On 25. 11. 2002, the respondent-wife left her matrimonial house out of her own will and she filed an application under Section 125 Cr. P. C. before the Principal Judge, Family Court, for maintenance which was registered as Case No. 167 of 2004 against the petitioner. The application was allowed on 18-5-2006 and the petitioner was directed to pay maintenance @ Rs. 1000/- per month to the respondent vide Annexure No. 2. During the pendency of that application, a divorce petition under Section 13/27 of the Act was moved by the respondent before the Family Judge, Dehradun on 20-4-2005, a copy whereof has been annexed as Annexure No. 2. During the pendency of the divorce petition, an application under Section 24 of the Act was filed by the respondent before the Principal Judge Family Court which was allowed vide order dated 18-12-2007. The petitioner was directed to pay Rs. 7,000/- as litigation expenses and Rs. 500/- per months as interim maintenance.

(3.) THE grievance of the petitioner is that he filed objection against the application under Section 24 of the Act, but the same was not considered before passing the impugned order.