PINKI Vs. JWALA PRASAD

JUDGEMENT

(1.) The issue in the present petition is with regard to non-payment of interim maintenance to the petitioner wife by the respondent-husband in spite of the direction of the District Judge, Jhunjhunu in Civil Case (HMA) No.229/2007 on an application under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter 'the Act of 1955'), decided on 24.10.2008.

(2.) On 20.12.2011, the petitioner-wife as defendant in the divorce petition under Sec. 13 of the Act of 1955 (hereinafter 'the defendant') moved an application before the District Judge, Jhunjhunu stating that in spite of the order dated 24.10.2008, the amount of interim maintenance thereunder was not being paid. The application was opposed by the respondent-husband as plaintiff in the divorce petition (hereinafter 'the plaintiff') stating that no amounts were due under the said order dated 24.10.2008 as the requisite amount had been paid in respect of the order passed under Sec. 125 Crimial P.C. at the instance of the defendant. It was further stated that in any event, even if any amount was payable under the order dated 24.10.2008, passed under Sec. 24 of the Act of 1955, there was no occasion to keep the divorce petition in abeyance and consequently, the application dated 20.12.2011 be dismissed.

(3.) The trial court dismissed the application filed by the defendant holding that if any amount was due under the order dated 24.10.2008, it was of little consequent for the determination of the divorce petition which was pending since 2007. It was held that in the event any amounts were due to the defendant by the plaintiff under the order dated 24.10.2008, she was free to take proceedings separately for recovery thereof.