Rajasthan High Court - Jodhpur
Virendra Singh vs Meena Devi on 4 November, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3518/2018
Virendra Singh S/o Late Shri Amar Singh, Aged About 35 Years,
R/o Village Bheed, Tehsil Bhadra, District Hanumangarh
----Appellant
Versus
Meena Devi W/o Virendra Singh, D/o Phool Kumar, R/o Village
Beed, Tehsil Bhadra, District Hanumangarh.
----Respondent
For Appellant(s) : Mr. Moti Singh.
Mr. Urja Ram Patel.
For Respondent(s) : Mr. R.S. Choudhary.
HON'BLE MR. JUSTICE ARUN BHANSALI
Judgment 04/11/2020 This appeal is directed against the order dated 11.10.2018 passed by the Additional District Judge, Bhadra, whereby, the objection filed by the appellant pertaining to the maintainability of execution proceedings, has been rejected.
An application was filed by respondent - wife under Section 13 of the Hindu Marriage Act, 1955 ('the Act') before the trial court seeking dissolution of marriage. During pendency of the said proceedings, the trial court passed order under Section 24 of the Act ordering for payment of interim maintenance.
The proceedings were concluded by order dated 15.1.2018, whereby, the prayer for dissolution of marriage was rejected and a decree for judicial separation was granted by the trial court.
Against the judgment dated 15.1.2018, the respondent filed an appeal before this Court, which is pending as S.B. Civil Misc. Appeal No.603/2018. Whereafter, the respondent filed execution proceedings before the trial court seeking to execute the order for (Downloaded on 04/11/2020 at 08:37:00 PM) (2 of 4) [CMA-3518/2018] interim maintenance dated 6.4.2016 passed during pendency of the proceedings under Section 13 of the Act as the appellant after the conclusion of the proceedings on 15.1.2018, had not paid the amount of interim maintenance.
The appellant raised objection qua the maintainability of the execution proceedings inter alia indicating that as the proceedings before the trial court have come to an end, the order dated 6.4.2016 cannot be now executed and that appellant has paid the maintenance for the period the matter remained pending before the said court.
The trial court after hearing the parties, relying on judgment in Jitendra Kumar Soni v. Smt. Ranjeeta Soni : 2014 (3) DNJ (Raj.) 868, came to the conclusion that as the appeal filed by the respondent is pending before High Court and appeal being continuation of the suit, the order dated 6.4.2016 can still be executed and consequently, rejected the application filed by the appellant and ordered for payment of amount of interim maintenance.
Learned counsel for the appellant made submissions that the order passed by the trial court is contrary to the plain reading of provisions of Section 24, wherein, the order would remain in force during pendency of the proceedings and as such the order impugned deserves to be quashed and set aside.
Learned counsel appearing for the respondent supported the order impugned by indicating that as the appeal filed by the respondent is pending consideration before this Court, the trial court was justified in rejecting the objection raised by the appellant and, therefore, the appeal filed by the appellant deserves to be dismissed.
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(3 of 4) [CMA-3518/2018] I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
Section 24 of the Act, insofar as relevant, reads as under:-
"24. Maintenance pendente lite and expenses of proceedings.--Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable."
(emphasis supplied) A perusal of the above provision would indicate that the order for maintenance 'pendente lite' can be passed, if it appears to the court that the applicant has no independent income sufficient for his/her support and the necessary expenses of the proceedings, it can pass an order to the respondent to pay the petitioner the expenses of the proceedings and monthly maintenance 'during the proceeding'. The language is express, whereby, the order could only be passed during the proceedings.
Once the order dated 6.4.2016 was passed, the same could only remain in force during pendency of the proceedings under Section 13 of the Act before the trial court, which proceedings admittedly came to an end by passing of the final order dated 15.1.2018. Once the proceedings came to an end, the order for interim maintenance has lost its efficacy and the same could no longer be executed for any period post 15.1.2018. (Downloaded on 04/11/2020 at 08:37:00 PM)
(4 of 4) [CMA-3518/2018] The reliance placed by the trial court on judgment in Jitendra Kumar Soni (supra) is also apparently misplaced as in the said case, the application had been filed by the wife - appellant before the appellate court and the order passed by the trial court therein, was not sought to be enforced by the trial court itself.
In view of the above discussion, the order impugned dated 11.10.2018 passed by the trial court, cannot be sustained. However, the respondent, who is appellant in the appeal filed against the order dated 15.1.2018, would always be free to file application under Section 24 of the Act in the pending appeal.
Consequently, the appeal filed by the appellant is allowed. The order dated 11.10.2018 passed by the trial court is set aside. The execution proceedings being Execution Petition No.15/2018 (Meena Devi Vs. Surendra Singh) pending before the Additional District Judge, Bhadra, shall stand dismissed.
(ARUN BHANSALI),J 34-Sumit/-
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