SANGEETA KUMARI Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) The present writ petition is being heard along with I.A. No. 854/2017.

(2.) The present writ petition has been filed for a direction upon the learned Principal Judge, Family Court, Ranchi to give equal opportunity to both the parties in M.T.S No. 12/2011 and also for setting aside M.T.S Case No. 12 of 2011 being not maintainable, as the case was filed by the respondent No.2 prior to 24 months of marriage. I.A No. 854 of 2017 has been filed by the petitioner praying for a direction upon the respondent No.2 to release an amount of Rs.2000/- per month from July, 2015 till January, 2017, which amounts to Rs. 38,000/- as arrears along with compound interest and litigation cost amounting to Rs.15000/-.

(3.) The factual background of the case, as stated by the petitioner, is that she was married to the respondent No.2 on 06.06.2009 as per Hindu rites and customs. The respondent No.2 filed M.T.S No. 12 of 2011 for divorce under Section 13 of the Hindu Marriage Act, 1955. The petitioner submits that vide order, dated 06.03.2013 passed in Matrimonial Title Suit No. 12/2011, the learned Principal Judge, Family Court, Ranchi directed the respondent No.2 to pay a sum of Rs.2,000/- per month to the petitioner as monthly pendente lite alimony from the date of filing of the petition i.e. 14.12.2011 under Section 24 of the Hindu Marriage Act, 1955 and a lump sum amount of Rs.3,000/- as one time litigation cost. The petitioner further submits that so far as the payment of amount of Rs. 2,000/- under Section 24 of the Hindu Marriage Act, is concerned, the respondent No.2 made the said payment till June, 2015 and thereafter he stopped making the payment of the said amount to her. However, the respondent No.2 paid Rs.3,000/- as one time litigation cost soon after the order dated 06.03.2013 was passed by the learned Family Court. The petitioner also filed a case for maintenance u/S. 125 of Cr.P.C., and the learned Principal Judge, Family Court, Ranchi vide order, dated 09.07.2015 passed in Maintenance Case No. 149/2012, directed the respondent No.2 to pay Rs.10,000/- per month to the petitioner from the date of filing of the maintenance petition excluding Rs.2000/- per month given in M.T.S No. 12/2011. The respondent No.2 was further directed to make payment of the said maintenance amount of Rs.10,000/- by 10th of each month. The respondent No.2 challenged the said order of the learned Principal Judge, Family Court, Ranchi by filing Cr. Revision No. 892/2015 before this Court and a Bench of this Court vide order dated 19.07.2016, while quashing the order dated 09.07.2015 passed by the learned Principal Judge, Family Court, Ranchi in Maintenance Case No. 149/2012, remitted the matter back to the said Court to pass a fresh order in accordance with law and, if necessary, by taking further evidence and after giving opportunity of hearing to the petitioner as well as the respondent No.2.