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High Court of Punjab and HaryanaFAO-M/219/2018dismissed

Rohit Chawla v. Swati

2018-09-28Mr. Justice S.D.Anand,Mr. Justice Mahabir Singh Sindhu2 pages

FAO-M-219-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-M-219-2018.

Decided on: September 28, 2018.

Rohit Chawla .. Appellant

VERSUS

Swati .. Respondent * * *

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI HON'BLE MR.JUSTICE ANUPINDER SINGH GREWAL * * * PRESENT Ms.Anju Arora, Advocate, and Ms.Saigeeta Srivastva, Advocate, for the appellant.

Mr.Vinod S. Bhardwaj, Advocate, for the respondent.

M.M.S. BEDI, J. (ORAL) This is an appeal against an order granting a sum of Rs.10,000/- per month as maintenance pendente lite to the respondent-wife under Section 24 of the Hindu Marriage Act, in proceedings under Section 13 of the Hindu Marriage Act.

On 20.7.2018, notice of motion was issued merely to explore the possibility of any amicable settlement. RAJ KUMAR ARORA 2018.10.03 11:07 I attest to the accuracy and integrity of this document

FAO-M-219-2018 Counsel for both the parties inform that the mediation has failed.

Counsel for the appellant has submitted that in view of the nature of the litigation, the respondent-wife is not entitled for any maintenance because the appellant-husband is seeking to get the marriage declared nullity under Section 11 of the Hindu Marriage Act. Counsel for the appellant has also vehemently urged that the respondent being not the legally wedded wife, the provisions of Section 24 of the Hindu Marriage Act, will not make her entitled to any maintenance pendente lite. We have carefully considered the said contention and are of the opinion that the wording of Section 24 of the Hindu Marriage Act entitles a spouse for maintenance pendente lite "in any proceedings under the Act."

In view of said circumstances, we do not find any force in the contention of the learned counsel for the appellant and dismiss this appeal finding no reasons to interfere in the impugned order. However, it is directed that the trial Court shall make earnest endeavour to conclude the proceedings expeditiously.

(M.M.S. BEDI) JUDGE September 28, 2018. (ANUPINDER SINGH GREWAL) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2018.10.03 11:07 I attest to the accuracy and integrity of this document