RAJAN BHATIA Vs. NISHA BHATIA

JUDGEMENT

(1.) Instant appeal has been filed u/s. 19 of the Family Courts Act, 1984 against order dt. 09.04.2009 passed by the ld. Judge, Family Court No. 2, Jaipur in Execution Case No. 7/2007. The present matrimonial dispute has a chequered history but brief facts which are relevant for the present purpose are that their marriage was solemnized as per Hindu rites and customs and from this wedlock, a girl child was born on 10.08.1999. It was unfortunate that because of some misunderstanding between the spouse, matrimonial harmony could not -prolonged any more and the appellant -husband filed application for divorce under Sec. 13 of the Hindu Marriage Act, 1955 which came to be dismissed vide judgment & decree dt. 05.09.2003 and that came to be challenged by the appellant -husband under Sec. 19 of the Family Courts Act, 1984 in D.B. Civil Misc. Appeal No. 2317/2003 and that came to be decided by the Division Bench of this Court on certain terms & conditions vide order dt. 17.04.2007. It will be appropriate to quote the terms & conditions, on which the appeal preferred by the appellant came to be decided by Division Bench of this Court, which read ad infra: - -

(2.) Indisputably, the appellant -husband did not comply with the terms & conditions of order dt. 17.04.2007 but during pendency of D.B. Civil Misc. Appeal No. 2317/2003, the respondent -wife filed application under Sec. 24 of the Hindu Marriage Act seeking interim maintenance and after hearing the parties that came to be decided vide order dt. 13.07.2005 directing the appellant to pay a sum of Rs. 6,000/ - towards interim maintenance which could take care of respondent -wife and their school going daughter Miss Harshita Bhatia for her upbringing & education.

(3.) The appellant -husband thereafter preferred D.B. Civil Review Petition No. 31/2005 for recalling of the order of maintenance passed by the Division Bench of this Court dt. 13.07.2005 and that came to be dismissed vide order dt. 22.02.2006 which was further challenged by the appellant -husband by filing SLP(Civil) No. 9581/2006 before the Apex Court and that came to be decided after hearing the parties vide order dt. 19.10.2006, taking into consideration the entire material, considered it appropriate to modify & award interim maintenance of Rs. 3,500/ - per month from date of filing of the original application i.e. 09.02.2005.