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High Court of DelhiMAT.APP.(F.C.)/157/2018

Sneha Ahuja v. Raveen Ahuja

2018-08-20Cases Pertaining To Spl.Division Benches1 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 157/2018 SNEHA AHUJA ..... Appellant Through Mr. K.K. Manan, Sr. Adv. with Mr. K.C.

Jain, Ms. Rashi Rampal, Ms. Akanksha Mehrotra & Mr. Mukul Aggarwal, Advs.

versus RAVEEN AHUJA ..... Respondent Through Ms. Rosemany Raju, Advocate.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE C. HARI SHANKAR

O R D E R

% 20.08.2018 The appellant is aggrieved by the order dated 04.05.2018 passed by the Judge, Family Court, wherein an application under Section 24 of the Hindu Marriage Act, seeking interim maintenance has been dismissed, in view of the fact that the maintenance has already been fixed in the proceedings arising out of the Domestic Violence Act.

Mr. Jain, counsel for the appellant submits that the order passed in proceedings arising out of the Domestic Violence Act is not a final order, but an interim order, and thus, the Family Court has erred in dismissing the application filed by the appellant under Section 24 of the Hindu Marriage Act. We have heard learned counsel for the parties. Both counsels are in agreement that the order passed in the proceedings under the Domestic Violence Act is not a final order, it is further agreed by the counsel for the parties that the order dated 04.05.2018 be set aside and the Family Court be directed to hear the application under Section 24 of Hindu Marriage Act in accordance with law. In above terms, the appeal stands disposed of. G.S.SISTANI, J C. HARI SHANKAR, J AUGUST 20, 2018/ck /