RAM BACHAN Vs. FAMILY COURT JUDGE

JUDGEMENT

(1.) This petition, at the instance of the husband, is directed against the order dated 8th November, 1988 passed by the Family Court, Gorakhpur allowing the application under Section 24 of the Hindu Marriage Act 1955 of Smt. Gyani Devi, respondent No. 2 (wife) whereby a sum of Rs. 500/- as litigation expenses and Rs. 200/- per month as maintenance allowance has been awarded to the wife.

(2.) Sometimes in March, 1987 the petitioner instituted Suit in the Court of Civil Judge, Gorakhpur under Section 9 of the Hindu Marriage Act claiming a decree for restitution of conjugal rights. Upon the constitution of the Family Court, the suit was transferred to that Court. The petitioner contested the application made by his wife under Section.a.24 of the Hindu Marriage Act by filing a reply to it.

(3.) The only submission made on behalf of the petitioner is that, as envisaged in Section 9 of the Family Courts Act, 1984 (hereinafter referred to as the Act), it was the duty of the Court to first make effort for bringing about a settlement between the parties before passing the impugned order and it having failed to do so it acted without jurisdiction. The contention is to be rejected, as stated.