BIBHA BHARTI WIFE OF UDAY KUMAR DOUGHTER OF SHRI NAWAL PRASAD SINGH Vs. UDAY KUMAR SON OF LATE BUTAI SINGH

JUDGEMENT

(1.) THE petitioner herein, the unfortunate and ill -fated spouse, impleaded as opposite party in a suit for divorce filed by her husband on the ground of cruelty, being Matrimonial Case No. 56 of 2001, has preferred this revision questioning the reasonability and propriety of the order dated 28.8.2007 passed therein by Sri J.P. Singh, the erstwhile Additional Principal Judge, Family Court, Patna, whereby he has directed for the constitution of a Medical Board for examination of the present petitioner with a direction to her to appear before the said Board even as her petition under Section 24 of the Hindu Marriage Act (hereinafter referred to as "the Act") for maintenance pendente lite and expenses of proceedings remains pending for about six years.

(2.) It will not be out of place to notice at the very outset that notwithstanding valid service of notice on him, the husband, O.P. herein, has not cared to put in an appearance to contest the present revision.

(3.) FOLLOWING an irretrievable breakdown of the marriage solemnized on 10.3.1996 within six months thereof, the husband preferred the aforesaid Maintenance Case under Section 13 of the Act on the ground of cruelty without abiding by the decision of the Panchavati. The present petitioner on appearance filed a petition under Section 24 of the Act on 06.09.2001 demanding maintenance pendente lite and expenses of proceedings to which the husband filed his rejoinder on 28.9.2001.