SANJAY KUMAR SINHA Vs. MANIULATA SINHA

JUDGEMENT

(1.) THIS is an application by the petitioner who is also a petitioner in Matrimonial Case No 107 of 2003 pending before the Principal Judge, Family Court, Munger. He had instituted the said proceedings for divorce on the ground of cruelty and desertion. In the matrimonial case, wife appeared and stated that she was staying with her parents. She filed an application u/s. 24 of the Hindu Marriage Act for interim maintenance which, after contest, was allowed at Rs 500.00 per month. Having thus got an order of maintenance on the ground that she was staying with her parents, a peculiar application was then filed by her before the Court stating that she wanted to reside in the house of her husband. This was opposed firstly on the ground of her unacceptable behaviour and secondly that she had already claimed maintenance and was awarded the same. The learned Judge has passed a very peculiar order directing that the wife be placed in her matrimonial house with police escort and the police should insure her safety there at all times. I am afraid, the Court has travelled beyond the jurisdiction conferred on it u/s. 24 of the Hindu Marriage Act. It is not disputed that the wife claimed maintenance on the ground that she was staying with her parents. As per her desire, she was granted the maintenance. Apparently seeing, that there is nothing more to bite, she has now played this game. It has been pointed out by the petitioner that this is not the only end. The wife is prosecuting the husband and the in -laws who have all suffered jail custody and now wants to come and create further problems. In any view of the matter as the trial Court lacks the jurisdiction to pass such an order directing the police to see that she is placed in her matrimonial house and the police would oversee her safety at all times, an order not contemplated under sec. 24 of the Hindu Marriage Act, I find no option but to set aside the impugned order and allow this revision application.

(2.) I may note that both the parties are represented.