HC: Maintenance under HMA25 is valid even if divorce is rejected
Rajasthan High Court
Vishram Singh vs Smt Bholi Bai on 1 March, 2012
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In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur
S.B.Civil Misc. Stay Application No.785 of 2010
S.B.Civil Misc.Appeal No.1049 of 2010
Smt. Bholi Bai @ Bholeshwari @ Kamlesh
Date of Order : 01.3.2012
HON’BLE MS. JUSTICE BELA M. TRIVEDI
Mr.J.R.Tantia for the appellant/applicant.
Mr. Pankaj Gupta for the respondent.
By the Court:
1.Heard learned counsel for the parties.
2.Vide order dated 16.4.2010, this court while issuing notice to the respondents had directed the appellant to continue to pay the maintenance at the rate of Rs.5,000/- per month and stayed the recovery of arrears of maintenance. Today, the matter has come up for confirmation of the said stay order.
3.It has been sought to be submitted by learned counsel Mr.J.R.Tantia for the appellant that the court below could not have passed the permanent alimony under section 25 of Hindu Marriage Act, when the divorce petition of the appellant was dismissed. According to him, in view of section 25(1) of the said Act, the amount of arrears be stayed during the pendency of the appeal. There is no force in the submissions of learned counsel for the appellant, inasmuch as under section 25 of the said Act, any court exercising its jurisdiction under the said Act may at any time of passing of any decree or at any time subsequent thereto, on application to it for the purpose of maintenance direct the concerned respondent to pay maintenance. In the instant case, the court below had specifically framed the issue with regard to the permanent alimony to be paid to the respondent-wife and while dismissing the divorce petition filed by the appellant, the court had directed the appellant to pay maintenance at the rate of Rs.5,000/- per month from the date of application i.e. 30.8.2005 till the date of payment. There is no reason to stay the said order. Hence, in the opinion of the court, the appellant is liable to pay entire amount arrears with interest as directed by the court below and also to continue to pay Rs.5,000/- per month to the respondent-wife.
4.In that view of the matter, it is directed that the appellant shall deposit the entire amount of arrears within eight weeks from today.
5.The application stands disposed of accordingly.
(BELA M. TRIVEDI) J.
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Om Prakash