Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4340 of 2021 Petitioner :- Vibha Jain Respondent :- Ashish Kumar Counsel for Petitioner :- Chandra Bhushan Tiwari
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i). Issue a direction to the Principal Judge, Family Court, Muzaffarnagar to decide the case no. 187 of 2020 under Section 26 of Hindu Marriage Act (Vibha Jain v. Aashish Kumar) for permanent alimony and maintenance of the petitioner expeditiously within some stipulated period as within one months."
Learned counsel for the petitioner submitted that though the divorce petition has been decided but the court below has failed to consider the claim of the petitioner for permanent alimony and custody of the child, for which a case was filed which is still pending consideration before the Principal Judge, Family Court, Muzaffarnagar.
In view of above and considering the peculiar facts and circumstances of the case, petition is disposed of with a direction to the court concerned to consider and decide the aforesaid case strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to contesting parties, as expeditiously as possible preferably within a period of two months from the date of production of copy of this order.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 21.9.2021 Kuldeep