NEENA Vs. PURSHOTTAM DASS

JUDGEMENT

(1.) CM No. 9246-CII of 2006 This application has been moved under Order 9 Rule 9 read with Section 151 CPC with a prayer to recall the order dated May 2, 2006, vide which Civil Revision No. 3167 of 1999 was dismissed for non-prosecution. Application is accompanied by an affidavit. In view of averments made in this application, it is allowed and order dated May 2, 2006, is recalled. Civil Revision is restored to its original number. On request, the same is taken on board for hearing.

(2.) Civil Revision No. 3167 of 1999: It is apparent from the records that vide order dated May 18, 1999, interim maintenance under Section 24 of the Hindu Marriage Act, 1955, was declined to the petitioner and her children. As per letter dated September 10, 2005, received from the District Judge, Ambala, application under Section 13 of the Hindu Marriage Act, 1955, had already been disposed of by the Additional District Judge, Ambala, on February 17, 2000.

(3.) Otherwise also, the order under challenge reveals that while declining interim maintenance to the petitioner, the Court has noticed that the petitioner's monthly income is Rs. 8,266/- and she is also a partner in firm M/s Aggarwal and Company. As against this, the respondent is a blind man. This Court feels that the impugned order is perfectly justified. No case is made out for interference. Dismissed.