KUMAR SIDHARTH Vs. REKHA SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as respondent in-person.

(2.) The petitioner is aggrieved by the order dtd. 29/6/2018 passed by the learned Principal Judge, Family Court, Bhojpur at Ara in Matrimonial (Divorce) Case No. 10 of 2013 whereby and whereunder interim maintenance of Rs.25,000.00per month and Rs.1500.00 as litigation cost on each date in the case have been allowed by the learned Principal Judge, Family Court to the respondent.

(3.) The learned counsel for the petitioner submits that the impugned order has been passed without any justification. There has been no document on record showing income of the petitioner, who was not heard and the order has been passed in his absence. The learned counsel further submits that Matrimonial Case No. 10 of 2013 has been filed by the petitioner seeking dissolution of marriage against the respondent. Despite service of notice, respondent did not appear and matter proceeded ex-parte and thereafter, an ex-parte order has been passed dissolving the marriage between the petitioner and the respondent. After expiry of the statutory period for appeal, the petitioner solemnized another marriage on 18/12/2015. Thereafter, Misc. Case No. 06 of 2016 has been filed in the court of learned Principal Judge, Family Court, Bhojpur at Ara on 25/2/2016 under Order 9 Rule 13 of the Code of Civil Procedure for recall of the ex-parte judgment and decree dtd. 26/4/2014 passed in Matrimonial (Divorce) Case No. 10 of 2013. The learned Principal Judge, Family Court, Bhojpur at Ara vide order dtd. 14/5/2018 passed in Misc. Case No. 06 of 2016 recalled the ex-parte judgment dtd. 26/4/2014 and decree dtd. 1/5/2014 passed in Matrimonial (Divorce) Case No. 10 of 2013 and restored the said case to its original file. The petitioner has challenged the order for restoration passed in Misc. Case No. 06 of 2016 by filing Misc. Appeal No. 620 of 2018 before this Court. The respondent filed a petition on 5/6/2018 under Sec. 24 of the Hindu Marriage Act seeking interim maintenance, which was allowed by the learned Principal Judge, Family Court vide order dtd. 29/6/2018 and the same is under challenge before this Court.