RAM PRAVESH Vs. NAVNEETA DEVI

JUDGEMENT

(1.) THE petitioner had instituted a proceeding for annulment of marriage. In course of the said matrimonial proceedings, an order in terms of Sec. 24 of the Hindu Marriage Act granting maintenance pendente lite to the wife, who was the defendant, was passed. It appears, thereafter, there were efforts to compromise the matter which failed. Ultimately the petitioner, who was the plaintiff -applicant, withdrew the suit without any objection from the respondent -wife. Thereafter, the respondent -wife brought Money Execution Case No. 156 of 2004 before the Additional Sessions Judge, Fast Track Court No. II, Begusarai. The maintainability of this execution proceeding is challenged by this revision application.

(2.) HAVING heard the learned counsel for the petitioner, I am satisfied that no illegality has been committed by the Court below in holding that the execution proceedings are valid and maintainable. Section 23A of the Hindu Marriage Act, 1955 specifically provides and gives a right to a respondent in a matrimonial suit to make counter claims and get specific reliefs under the Act to which she or he would be entitled if he or she presented a petition seeking such relief on that ground. This provision would include an application in terms of Sec. 24 claiming maintenance pendente lite. Therefore, if on that application, an order was passed which was not varied or vacated or interfered by any competent Court, that order in itself attained finality. If that order attained finality then Sec. 28A of the said Act provides that all decrees and s made by a Court in any proceeding under this Act shall be enforced in the like manner as a decree and orders of the Court made in exercise of its original civil jurisdiction. This being the statutory mandate, the order of ad interim stay passed being a final order In itself was an executable order in terms of Sec. 28A of the Act. Notwithstanding the suit itself having been withdrawn by the husband -petitioner, the said order was an executable order and, as such, the proceedings were rightly instituted for execution thereof.