SATYA NARAIN Vs. FAMILY COURT AND ANR

JUDGEMENT

(1.) Satya Narain has filed this writ petition against Order dated 4.3.1994, passed by the Judge, Family Court, Agra, granting Rs. 250/- per month to Respondent No. 2 Asha Devi as interim maintenance.

(2.) The learned Counsel for the Petitioner has submitted that there has been an ex parte decree of divorce against Respondent No. 2 Asha Devi. A copy of the judgment passed in divorce proceedings dated 24.4.1993 has been annexed as Annexure-1 to the writ petition. The submission of the learned Counsel for the Petitioner is that since there is a decree of divorce against Respondent No. 2 Asha Devi, she cannot be allowed interim maintenance.

(3.) I have gone through the copy of judgment of Sri J.D. Kapoor, Additional District Judge, Delhi, in the divorce suit which has been annexed as Annexure-1 to the writ petition. It appears that initially Asha Devi had put in appearance in the suit filed against her at Delhi but later on she did not contest the suit and the suit proceeded in her absence and was decreed ex parte. The learned Additional District Judge has held on the basis of ex parte evidence that Asha Devi has abandoned the matrimonial home to break in the marital knot and did not return. He further held that she lived with the Petitioner for a period of one month and the marriage was not consummated. On the above findings ex parte decree for divorce was granted.