Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 4579 of 2019 Petitioner :- Abhishek Malviya Respondent :- Niti Malviya And Another Counsel for Petitioner :- Virendra Kumar Jaiswal
Hon'ble Ajay Bhanot,J.
(Order on Civil Misc. Amendment Application No. Nill of 2019)
The amendment application is allowed.
Learned counsel for the petitioner to carry out necessary amendment forthwith.
Order Date :- 30.5.2019 Ashish Tripathi
Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 4579 of 2019 Petitioner :- Abhishek Malviya Respondent :- Niti Malviya And Another Counsel for Petitioner :- Virendra Kumar Jaiswal
Hon'ble Ajay Bhanot,J.
The instant application has been filed to expedite the matrimonial petition no.245 of 2017 (Abhishek Malviya v. Niti Malviya) under Section 13 of the Hindu Marriage Act.
The submission of Sri Virendra Kumar Jaiswal, learned counsel for the petitioner is that the divorce proceedings were instituted by the petitioner in the year 2017. The suit proceedings have not been decided till date.
The application of the respondent No.1 under Section 24 of the Hindu Marriage Act for grant of maintenance during the pendency of the proceedings shall be decided within one month. In case certain maintenance is granted to the respondent no.1, the petitioner shall pay the aforesaid maintenance without any objection. In case the petitioner pays the aforesaid maintenance as decided by the learned trial court, the learned trial court shall decide the suit within a period of one year.
Both the parties are directed to cooperate with the proceedings of the learned trial court. The learned trial court shall not grant any unnecessary adjournment in the matter. In case any adjournment is granted, it shall be done after imposing exemplary costs upon the party seeking such adjournment. The learned trial court shall continue with the proceedings if required on day to day basis to ensure that the aforesaid timeline is adhered to.
It is clarified that since this order is being passed in the absence of the respondent no.1, it is open to the respondent no.1 to seek the recall of the order in case incorrect facts have been stated by the petitioner.
With the aforesaid direction, the petition is finally disposed off.
Order Date :- 30.5.2019 Ashish Tripathi