Allahabad High Court
Lalit Mohan vs Principal Judge Civil Judge-Ii Family ... on 31 July, 2019
Author: Irshad Ali
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- MISC. SINGLE No. - 16578 of 2019 Petitioner :- Lalit Mohan Respondent :- Principal Judge Civil Judge-Ii Family Court Lucknow & Ors. Counsel for Petitioner :- Apoorva Tewari,Rishabh Pandey Counsel for Respondent :- Jageshwari Prasad Mathur,Murli Manohar Srivastava Hon'ble Irshad Ali,J.
Heard learned counsel for the parties.
The only grievance involved in the present writ petition is that whether the maintenance granted under Hindu Adoption and Maintenance Act, 1956 is permissible in law after the decree of divorce to the lady. In this regard, the petitioner has moved an application under Section 47 C.P.C. before the Additional Judge, Family Court, Lucknow on 4.4.2018.
Learned counsel for the opposite parties pointed out that the alleged application moved under Section 47 C.P.C. is not the proper application and in case the petitioner files an application as per the provisions of Section 47 C.P.C., the same will be considered and appropriate order shall be passed within a reasonable period.
In view of the above, this Court is of the opinion that no useful purpose would be served in keeping this writ petition pending.
Accordingly, this writ petition is finally disposed of with liberty to the petitioner to file a fresh application under Section 47 C.P.C. before the respondent no.2 i.e. Additional Principal Civil Judge-II, Family Court, Lucknow within a period of one week from today along with certified copy of this order. In case such an application is filed, the respondent no.2 shall consider the matter after providing opportunity of hearing to the concerned parties and following procedure prescribed under law and pass appropriate, reasoned and speaking order in accordance with law within a period of six weeks thereafter.
Order Date :- 31.7.2019 GK Sinha