Court No. - 37
Case :- FIRST APPEAL No. - 303 of 2021 Appellant :- Mahipal Singh Respondent :- Smt. Seema Counsel for Appellant :- Ram Vishal Mishra Counsel for Respondent :- Kamal Kishor Mishra
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
On 26.07.2021, learned counsel for the respondent was not present. Today also he has absented himself.
Sri Ram Vishal Mishra, learned counsel for the appellant is present before this Court.
It is orally stated by the learned counsel for the appellant that the respondent-wife has already contacted marriage with some other person. Be that as it may, the challenge is the order under Section 24 of The Hindu Marriage Act filed by the respondent- wife, which was allowed by the Principal Judge, Family Court, Mathura vide impugned order dated 18.07.2015. It is further submitted that the aforesaid order was passed ex-parte. It is next submitted that the appellant has already been ordered to pay maintenance under Domestic Violence Act, under Section 125 Cr.P.C. as well as Hindu Marriage Act and these facts were concealed by the respondent-wife before the Family Court, Mathura and the order impugned dated 18.07.2015 was passed.
Despite several opportunities being given to learned counsel for the respondent, he has absented himself before this Court. The appellant in view of the recent judgment of the Apex Court where the wife has also filed an affidavit showing the income of the appellant that the appellant will also be able to demonstrate before the learned judge if the matter is still pending there as it is the matter filed by the wife.
The appellant may file an application pointing out all these facts before the court below. In case such an application is moved, the court below after ascertaining all the factual data and in view of recent decision of the Apex Court will pass the orders. All the money deposited by the appellant will also be pointed out before the court below.
If the amount has not been deposited, the appellant may request before the court below for passing fresh orders. It goes without saying that the appellant will be able to demonstrate the income and the amount awarded by the court below shall be considered while passing the final order in the light of judgment of Apex Court as well as the judgment passed by this Court.
With these observations, this appeal, accordingly, stands disposed of.
Order Date :- 29.7.2021 AK Pandey