RUCHITA SRIVASTAVA Vs. VIVEK SWARROOP SRIVASTAVA

JUDGEMENT

(1.) THIS appeal has been preferred challenging the judgment and order dated 22.04.2009 passed by the concerned Family Court, Allahabad, whereunder the court below allowed only Rs. 5,000/- in favour of the girl on account of litigation expenses but disallowed any sum in the application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred as the Act) on account of alimony. The sole plaintiff/respondent appeared and contended before this Court that the appellant has not placed the full facts before the court. There were two applications before the court below i.e. one was made under Section 9 of the Act for restitution of conjugal rights and another was made under Section 13 of the Act for divorce. Both were clubbed together for expeditious hearing. However, in the proceeding under Section 9 of the Act alimony to the extent of Rs. 2,500/- has already been granted by the court below. We asked a question to the learned counsel appearing for the appellant that inspite of having alimony why the application under Section 24 of the Act has been made and in answer to that he has stated that such alimony is not sufficient and since the income of the husband has been increased she is supposed to get more alimony. On further query, he said that there is no child in the wedlock between the husband and wife and the wife is pursuing LL.B. Course in the University from his parental place. Against this background, we are of the view that the discretionary order, which has been passed by the court below on the facts and figures, can not be interfered with but at the same time hearing of the main proceeding can not be kept pending indefinitely. The plaintiff/respondent contended that although both, proceeding for restitution of conjugal rights filed by wife and the petition for divorce filed by the husband are of the year 2007, but the wife has not filed any written statement in the proceeding initiated by the husband to place her case for expeditious disposal of the proceeding either way. Having so, we only direct to expedite the proceeding. The proceeding will be completed within a period of two months from this date. Written statement in the divorce petition, if any, will be filed by the wife within a period of two weeks from this date. Discovery and inspection will be made within one week thereafter. Both the parties will cooperate with the court below for early disposal of the proceeding. Court below is at liberty to proceed day to day basis in case of necessity. Accordingly, the appeal is disposed of. No order is passed as to costs.