ANKIT SUMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed to set aside the order dtd. 6/5/2025 passed by Additional Principal Judge Family Court, Pilibhit in Execution Case No. 9 of 2022 (Smt. Neeraj Saini Vs. Ankit Suman).

(2.) Brief facts of the case are that the husband-petitioner filed a petition on 20/7/2018 seeking divorce from his wife-respondent No. 2 before the Judge, Family Court under Sec. 13 of the Hindu Marriage Act, 1955. The aforesaid case was numbered as Case No. 286 of 2018. The respondent-wife appeared and filed written statement denying the allegations made by the petitioner. During pendency of this petition, an application under Sec. 24 of the Hindu Marriage Act, 1955 was filed by respondent No. 2 on 26/3/2019 to which the petitioner filed objections on 1/10/2019. The said application under Sec. 24 of the Hindu Marriage Act was decided by the order dtd. 30/10/2020 dismissing the application filed by the wife-respondent No.2. The order dtd. 30/10/2020 was challenged by the wife-respondent No. 2 by filing First Appeal No. 722 of 2021 before this Court. The judgment and order dtd. 30/10/2020 passed by Additional Principal Judge, Family Court, Pilibhit was set aside and the application filed by respondent No. 2 under Sec. 24 of the Hindu Marriage Act was allowed on 18/11/2021 by this Court and awarded a sum of Rs.10,000.00 per month to the wife and Rs.10,000.00 to the minor daughter payable with effect from date of application. It was further directed that the arrears of maintenance shall be paid to the wife within a period of two months. The wife was held to be entitled for the cost of litigation incurred by her both before this Court and the Family Court and a lump sum Rs.30,000.00 was directed towards cost of litigation which was to be paid within one month from the date of judgment. Order passed by this Court dtd. 18/11/2021 was challenged by the petitioner before Supreme Court and the Supreme Court by its order dtd. 29/11/2022 directed for payment of maintenance of Rs.10,000.00 to wife and Rs.5,000.00 per month to the minor daughter. Respondent No. 2 filed execution case No. 9 of 2022 for executing the order passed under Sec. 24 of the Hindu Marriage Act before the Additional Principal Judge, Family Court Pilibhit. An application Paper No. 45 Ga was filed by the wife-respondent No. 2 with the averment that till 26/8/2024, the petitioner was liable to pay Rs.2,50,000.00 to respondent No. 2 which was not paid by the petitioner and respondent No. 2 prayed that the said amount be recovered from the petitioner. By order dtd. 11/9/2024, recovery warrant was issued against the petitioner and therefore, the impugned order dtd. 6/5/2025 was passed by the Additional Family Court, Pilibhit issuing recovery against the petitioner.

(3.) Contention of learned counsel for the petitioner is that in view of the provisions of Sec. 24 of the Hindu Marriage Act, 1955, maintenance can only be granted pendente lite the proceedings. It has been further submitted by counsel for the petitioner that the respondentwife has filed a petition before this Court for transferring the divorce petition from Pilibhit to Bareilly and this Court has stayed the further proceedings of divorce petition until further orders of the Court on 18/9/2023. He further submitted that the moment proceedings of divorce were stayed by this Court, the respondent was not entitled for maintenance for the period for which the proceedings remained stayed.