PRIYANKA MAITY Vs. SABYASACHI MAITY

JUDGEMENT

(1.) The order of the trial Judge in allowing the application under Section 14 of the Hindu Marriage Act, 1955 filed by the opposite party is the subject matter of challenge in this revisional application.

(2.) The opposite party-husband filed a suit for divorce against the petitioner-wife under Section 13(i) and 13(ia) of the Hindu Marriage Act, 1955 on 2nd May, 2011. The order of the trial Court shows that vide order no. 1 dated 2nd May, 2011 the suit has been registered and 6th July, 2011 was fixed for ascertaining the service of summons. However, no order was passed in relation to the application filed under Section 14 of the Hindu Marriage Act, 1955. On 6th July, 2011 the wife appeared and prayed for time to file written statement and pursuant thereto 9th August, 2011 was fixed for appearance. On 9th August, 2011, the husband filed a firisthi showing service of a copy of petition under Section 14 of the Hindu Marriage Act, 1955 and on the self-same date, the wife filed a petition under Section 24 of the Hindu Marriage Act claiming alimony pendente lite. The wife also filed a petition under Section 151 of the Code of Civil Procedure praying for stay of the suit till the disposal of the petition under Section 14 of the Hindu Marriage Act. Thereafter directions were given for filing objections in relation to the petition under Section 14 of the Hindu Marriage Act. After completion of affidavits, it appears that on 9th August, 2011, the wife filed a petition under Section 151 of the Code of Civil Procedure questioning the maintainability of the application under Section 14 of the Hindu Marriage Act, 1955.

(3.) The application filed under Section 14 of the Hindu Marriage Act and the petition under Section 151 of the Code of Civil Procedure questioning the maintainability of the said petition were taken up together and disposed of by the impugned order dated 9th December 2011 by allowing the said petition filed under Section 14 of the Hindu Marriage Act.