Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9825 of 2018 Petitioner :- Nilima Bajpei Respondent :- Principal Judge Family Court And Another Counsel for Petitioner :- Satya Dheer Singh Jadaun
Hon'ble Mrs. Sunita Agarwal,J.
After a brief submission, learned counsel for the petitioner submits that the application under Section 24 of Hindu Marriage Act filed by the petitioner/wife be expedited so that she may get necessary expenses for litigating with her husband in Divorce Petition No. 252 of 2017.
It has been brought on record that initially the said application was decided vide order dated 28.11.2017 ex-parte and on the recall application filed by the husband, the order granting maintenance pendente lite has been recalled.
Noticing the said fact, without expressing any opinion as to the merits of claim of the petitioner, the present petition is being disposed of with the direction to the Principal Judge, Family Court, Kanpur Nagar to decide the application under Section 24 of Hindu Marriage Act, as expeditiously as possible, preferably, within a period of two months from the date of submission of certified copy of this order.
It is further directed that the Family Court shall not proceed with the divorce petition without ensuring the disposal of the application under Section 24 of Hindu Marriage Act, on merits.
Order Date :- 26.2.2019 Brijesh