SUSHMA SAHAY Vs. SANJEEV KUMAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THIS appeal has been preferred against the order of dismissal on the petition under Order 9, Rule 13 of the Code of Civil Procedure in Divorce Suit no. 14 of 1993.

(3.) I do not want to interfere with this matter as the same does not suffer from any infirmity or illegality Then it has been submitted that there was a petition under Section 24 of the Hindu Marriage Act for determination and maintenance pendente lite. When divorce has been granted then at least if the petition has not been decided and if any petition is filed under Section 25 of the Hindu Marriage Act then the earlier petition being converted into a petition under Section 25 of the Act is to be decided by the court below as the Court does not become functus officio for the purpose of permanent alimony.