1
Court No.38
Civil Misc. Writ Petition No. 1106 of 2009
Rohit Vs. Neelam
AND
Civil Misc. Writ Petition No.56723 OF 2009
Smt. Neelam Vs. Rohit
****
Hon’ble A.P. Sahi, J
The dispute in both these writ petitions arises out of a matrimonial
claim between Rohit, who is the husband and Neelam, who is his
wedded wife. The marriage took place in the year 1999 but appears to
have immediately ran into rough weather.
The petitioner – husband Rohit contends that as a matter of fact,
his wife was unable to perform any of the marital obligations and he has
not been able to establish any physical relationship with her which is on
account of her serious ailment that was not made know to the petitioner
at the time of marriage. He contends that she was suffering from a
serious spinal disease and the marriage took place on mere faith where
after his wife has deserted him. On various other allegations, a Suit for
divorce was filed and the wife claimed interim alimony as well as legal
expenses.
The family court assessed the circumstances and thereafter
passed an order on 26.8.2009 which is under challenge in both the writ
petitions. The husband has come up alleging excessive fixation whereas
the wife has come up that the expenses awarded is on the lower side
and, therefore, it should be enhanced.
I have heard learned counsel for the parties in both the writ
petitions, who have agreed for final decision at this stage.
The parties were called upon to make suggestions for mediation
but learned counsel for the husband – Rohit stated that there is not
even a remote possibility of any settlement and, therefore, the matter
2
may not be sent for mediation.
In such a situation where one of the parties is resisting mediation
and praying for settlement of the matter through judicial intervention,
the Court has no option but to proceed with the matter.
At the initial stage when the challenge was made to the order by
the husband, the following interim order was passed by this Court on
6.10.2009:-
“By means of the present petition the petitioner is
challenging the order dated 26.8.2009, passed by the
Special Judge, Aligarh, by which a sum of Rs. 6,000/- per
month from the date of the application dated 30.10.2007
has been fixed towards maintenance and a sum of Rs.
20,000/- has been allowed for litigation expenses, etc.Learned counsel for the petitioner submitted that the suit for
divorce is still pending. He further submitted that the date
on which the application was moved, the petitioner was
earning only a sum of Rs. 13,811/- and he has to maintain
his parents also and, therefore, the maintenance fixed at Rs.
6,000/- from the date of the application is excessive.
However, he admitted that now the salary of the petitioner
is Rs. 18,877/-.
Issue notice to the the respondent, returnable at an early
date.
Meanwhile the petitioner may pay a sum of Rs. 6,000/- per
month to the respondent from the month of September,
2009 and onwards and also deposit the arrears at the rate
of Rs. 4,000/- per month. The amount of maintenance,
stated above, and the sum of Rs. 20,000/- awarded for
litigation expenses may be deposited within a period of one
month. The operation of the order of the Special Judge
dated 26.8.2009 is stayed meanwhile.”
From a perusal of the allegations and counter allegations made
and the nature of the income of the petitioner and the manner in which
the dispute has proceeded, I am of the considered opinion that since the
parties are not agreeing for any compromise at this stage, it would be
appropriate to affirm the interim order dated 6.10.2009 and the trial
court be directed to conclude the proceedings as expeditiously as
possible, as in my opinion the interim maintenance and alimony granted
3
does not require any modification over and above the interim order
passed by this Court.
This Court, after taking into consideration the income of the
husband as also the nature of the allegations, has rightly balanced the
amount so as to satisfy the claim of the wife and also to fix the
responsibility of the petitioner – husband. The petitioner – husband
Rohit shall pay Rs. 6,000/- per month to the respondent as directed by
the order dated 26.8.2009 and shall also clear off the dues as arrears @
Rs. 4,000/- per month. The litigation expenses may also be paid over as
directed by this Court in the interim order dated 6.10.2009. It is
contended that the petitioner – husband is complying with the said
direction.
In view of this, the order dated 26.8.2009 stands modified in
terms indicated herein above till disposal of the Suit.
The Family Court shall, keeping in view the status of the parties,
proceed to conclude the trial as expeditiously as possible so that the
agony of the parties is not prolonged.
With the aforesaid observations, both these writ petitions are
disposed of.
Dt. 1.2.2010
Irshad