Court No. - 6
Case :- WRIT - A No. - 13155 of 2018 Petitioner :- Smt. Manjoo Sharma Respondent :- General Manager (Karnik) Additional General Manager And 4 Others Counsel for Petitioner :- Manish Dev Singh Counsel for Respondent :- Pranjal Mehrotra
Hon'ble B. Amit Sthalekar,J.
Heard Shri Manish Dev Singh, learned counsel for the petitioner and Shri Pranjal Mehrotra, learned counsel for the respondents.
The petitioner is seeking a direction to the respondent no. 1 to grant her maintenance out of the terminal benefits of her late husband Manoj Chaturvedi. In paragraph 7 of the writ petition it is stated that Original Suit No. 736 of 1999 (Manoj Chaturvedi Vs. Manjoo Sharma) was filed for annulment of marriage and the suit was decreed ex-parte vide judgement dated 4.5.2000. The petitioner filed a recall application under Order IX Rule 13 C.P.C. which was non-suited by the Principal Judge, Family Court. Against that order the petitioner has filed First Appeal No. 82 of 2016 (Smt. Manjoo Sharma Vs. Manoj Chaturvedi) and the matter is still pending. In the meantime Manoj Chaturvedi has died. The contention of the petitioner is that in a criminal application under section 125 Cr.P.C. her late husband was directed to pay her Rs.4000/- per month as maintenance.
Be that as it may, if the first appeal is already pending in the High Court against the decree of annulment of marriage between the petitioner and her late husband Manoj Chaturvedi, the claim for maintenance can be sought only before the court where the first appeal is pending and no direction can be given by the writ court directing the respondents to pay the maintenance, which is subjudiced in the first appeal. The petitioner may seek her remedy in the pending first appeal.
The writ petition is accordingly dismissed.
Order Date :- 30.5.2018 o.k.