PURNESHWAR PUND Vs. SUSHMA PURNESHWAR PUND

JUDGEMENT

(1.) The appellant appeared in person while the learned counsel for the respondent appeared through video conferencing.

(2.) This application for grant of early hearing has been filed by the appellant praying that FCA No.32 of 2019 be decided expeditiously. With the consent of appellant and counsel for the respondent, the appeal is taken up for hearing.

(3.) The appellant who was married with the respondent on 24.05.2016 filed Petition No.A-234 of 2015 seeking divorce under Section 13 of the Hindu Marriage Act, 1955 (for short, 'the said Act'). In the said proceedings, the respondent filed a counter claim with a prayer for restitution of conjugal rights under Section 9 of the said Act. During the pendency of the proceedings before the Family Court an interim application for payment of maintenance pendente lite was moved by the respondent. The same came to be allowed by the Family Court on 21.09.2016 by passing an order below Exhibit 14. By that order, the appellant was directed to pay sum of Rs.25,000/- per month to the respondent from 06.02.2016 till final adjudication of the proceedings. The appellant challenged the aforesaid order dated 21.09.2016 by approaching the Hon'ble Supreme Court in SLP No.6521 of 2019. On 16.04.2019, the Hon'ble Supreme Court permitted the appellant to withdraw the special leave petition with liberty to approach this Court. The present appeal under Section 19 of the Family Courts Act, 1984 has been filed on 03.05.2019. In this appeal, challenge has been raised only to the order dated 18.01.2018 passed by the Family Court below Exhibit 28. By that order, the application moved by the respondent for dismissal of the divorce petition under provisions of Order 39 Rule 11 of the Code of Civil Procedure, 1908 (for short, 'the Code') came to be allowed. Consequently, the petition filed by the appellant seeking divorce came to be dismissed. Thereafter, the Family Court considered the counter claim of the respondent wherein a prayer for restitution of conjugal rights was made. On 26.11.2018, the learned Judge of the Family Court dismissed the said counter claim.