Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3481 of 2020 Petitioner :- Rohit Kumar Respondent :- Smt. Neetu Bhole Counsel for Petitioner :- Kamlesh Singh Counsel for Respondent :- Chandra Prakash Pal,Shravan Kumar Yadav
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and learned counsel appearing for the contesting respondents.
By means of this petition under Article 227 of the Constitution of India, the petitioner has prayed for setting asiding the order dated 3.2.2020 passed by Additional Principal Judge, Family Court No.2, Agra whereby the maintenance of Rs.4,000/- per month pendente lite under Section 24 of the Hindu Marriage Act has been ordered.
This petition has been filed on the ground that the petitioner is already paying maintenance at the rate of Rs.3,000/- per month in a proceeding under Section 125 of the Code of Criminal Procedure and thus, further maintenance during the pendency of the divorce petition to the extent of Rs.4,000/- under Section 24 of Hindu Marriage Act, 1955 was not justified.
Initially this Court had directed the petitioner to deposit Rs.10,000/- vide order dated 7.12.2020 so as to initiate the conciliation proceedings between the parties as it is a case of matrimonial discord between husband and wife. By the same order, the petitioner was directed to pay the interim maintenance as directed by the Additional Principal Judge, Family Court No.2, Agra from the date of the order on every 5th day of the month and the money already deposited before the Family Court was directed to be released in favour of the respondent.
Considering the overall facts and circumstances of the case and the order impugned, I find that initially the Additional Principal Judge had directed to pay Rs.3,000/- per month as maintenance under Section 125 of the Code of Criminal Procedure vide order dated vide order dated 23.10.2019, however subsequently in the proceeding under Section 24 of the Hindu Marriage Act further maintenance of Rs.4,000/- per month was awarded vide order dated 3.2.2020. However, I find that in the order dated 23.10.2019 it was directed that any other amount being paid in other proceedings will stand adjusted in the amount of Rs.3,000/- as directed to be paid by the said order. Hence the direction for the award of further maintenance of Rs.4,000/- per month by the same Presiding Officer with the condition that any other amount being paid in other proceedings be adjusted against amount of Rs.3000/-, is indicative of the view of the Court that the order dated 23.10.2019 was to affect the order dated 3.2.2020 insofar as the payment of maintenance is concerned. It is, therefore, always open for the petitioner to seek clarification/modification with regard to the order dated 3.2.2020 passed by the Additional District Judge, Family Court No.2, Agra as the earlier order dated 23.10.2019 had been passed by the same court.
It is, accordingly, provided that in the event the petitioner moves an application before the Additional Principal Judge, Family Court No.2, Agra with regard to the clarification/modification of the order dated 3.2.2020 in the light of the order dated 23.10.2019 passed in the proceedings under Section 125 of the Code of Criminal Procedure, the same shall be considered and disposed of in the light of the observations made in the said order itself. However, it is provided that since it is a case of matrimonial discord between husband and wife, such proceedings may not be permitted to prolong for an indefinite period. The Act itself provides for expeditious disposal of such cases.
In view of the above, since both the parties are represented before this Court, it is further provided that pending Matrimonial Case No.793 of 2018 shall be disposed of as expeditiously as possible preferably within a period of eight months from the date of production of copy of this order.
It is, however, directed that while deciding the matrimonial dispute for the discord in relation as may have been pleaded in the divorce petition, endeavour of the Presiding Judge must be to take every possible step to save the marriage in the light of the provisions contained under Section 9 of the Family Courts Act, 1984 before finally concluding the proceedings.
The Allahabad High Court Mediation and Conciliation Centre is further directed to remit the amount of Rs.10,000/- to the respondent namely Smt. Neetu Bhole which has been deposited by the petitioner before it under order dated 7.12.2020 within a period of two weeks from today.
Order Date :- 25.10.2021 SP