Smt. Sonam Sahu v. Harishankar Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.804 of 2017 Smt. Sonam Sahu W/o Harishankar Sahu, Aged About 23 Years D/o Alakhram Sahu, R/o Village Pendra, Tahsil And P. S. Pendra, District Bilaspur, At Present R/o Village Laoda, Post Laoda, Tehsil Pathariya, District Mungeli, Chhattisgarh.

---- Petitioner

Versus

Harishankar Sahu S/o Geetaram Sahu, Aged About 28 Years R/o Village Pendra, Tahsil and P.S. Pendra, District Bilaspur, Chhattisgarh. ---- Respondent For Petitioner :

Mr. Ashok Soni, Advocate For Respondent :

Mr. Ankit Singhal, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11/12/2017 (1) Learned counsel appearing for the petitioner would submit that though the application under Section 24 of the Hindu Marriage Act, 1955 has been allowed by the trial Court, but the trial Court has omitted to grant the interim monthly maintenance amount during the pendency of the application under Section 13 of the Hindu Marriage Act, hence this petition.

(2) Per contra, learned counsel appearing for the respondent would oppose the prayer made by the learned counsel for the petitioner.

(3) I have heard learned counsel for the parties and perused the impugned order with utmost circumspection.

(4) The trial Court has already allowed the application under Section 24 of the Hindu Marriage Act, but the trial Court has ommitted to grant the interim monthly maintenance amount to the petitioner, therefore, in the interest of justice the impugned order dated 16.01.2017 is partly set aside and the trial Court is directed to consider and decide the said application afresh in accordance with law expeditiously within a period of 15 days from the date of receipt of certified copy of this order.

(5) With the aforesaid observation, the writ petition stands finally disposed of. No order as to costs.

Sd/- (Sanjay K. Agrawal) Judge L/-