JAGDEEP SINGH Vs. MANPRIT KAUR

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 17th February, 2010 passed by the Family Court, No.2, Jaipur. The order aforesaid was passed on the application under Section 151 CPC to seek recall of the order for payment of due amount of maintenance under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act of 1955").

(2.) Learned counsel submits that petitioner preferred a divorce petition under Section 13 of the Act of 1955. During pendency of the aforesaid petition, an order on the application under Section 24 of the Act of 1955 was passed. The amount of maintenance was not paid thus non-petitioner filed an application to dismiss the divorce petition. The Family Court allowed the application vide order dated 7th March, 2005. The divorce petition under Section 13 of the Act of 1955 was dismissed, however, it was with the liberty to seek revival of the petition if interim maintenance under Section 24 of the Act of 1955 is paid. It is submitted that after dismissal of the divorce petition under Section 13 of the Act of 1955, order under Section 24 of the Act of 1955 no more remains enforceable. The application under Section 24 remains alive during currency of the divorce petition under Section 13 of the Act of 1955. In view of above, impugned order dated 17th February, 2010 deserves to be set aside.

(3.) It is also stated that an order under Section 24 of the Act of 1955 is not a decree so as to be enforced but ignoring the aforesaid also, direction for enforce maintenance under Section 24 of the Act of 1955 has been given.