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Devinder Singh Vs. Harminder Kaur - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtPunjab and Haryana High Court
Decided On
Case NumberCivil Revn. No. 2013 of 1982
Judge
Reported inAIR1984P& H40
ActsHindu Adoptions and Maintenance Act, 1956
AppellantDevinder Singh
RespondentHarminder Kaur
Cases ReferredSmt. Gian Devi v. Amar Nath Aggarwal
Excerpt:
.....cannot ignore the same and allow grass to grow under its feet and do nothing except waiting for a formal communication of the order or to choose a tenuous plea that even though he knew about the order, he was waiting for its formal communication to seek redress against the same in appeal. if a party does not know about the making of the order either actually or constructively it may claim that the period of limitation would start running from the date it acquires knowledge of the making of an order but one cannot understand how a party, who has acquired knowledge of the making an order either directly or constructively can ignore the same and belatedly seek redress just because the authority making the order had made a default in formally communicating the order to him. allowing a party..........has not been registered as yet because the application for permission to sue in forma pauperis was still pending when the impugned order was passed. thus argued the learned counsel, no relief of interim maintenance could be granted at least at that stage in support of the contention, the learned counsel relied upon mohan singh v. mohinder kaur, 1977 hindu lr 268, wherein it was held that it was not at all in doubt that the application for leave to sue in forma pauperis was as yet merely pending trial when the order under revision was passed and that it was, therefore, plain that at that stage, that is, during the pendency of the application, no relief by way of interim maintenance to the respondent was possible. the learned counsel for the respondent cited smt. gian.....
Judgment:

1. This revision petition is directed against the order of the trial Court dt. May 29, 1982, whereby a sum of Rs. 150/- per month was allowed as interim maintenance to tie respondent wife.

2. At the time of the motion hearing, the learned counsel cited Sodagar Singh v. Shrimati Harbhajan Kaur, (1977) 79 Punj LR 506 to contend that the Hindu Adoptions and Maintenance Act. 1956. did not authorise the passing of any order for the payment of litigation expenses and maintenance allowance pendent lite. The learned counsel for the respondent has cited a Division Bench judgment of this Court in Puran Singh v. Mst. Har Kaur, 1970 Cur LJ 648, wherein it was held that where the marital status was admitted, it was the, duty of the husband to maintain the wife no matter even if she was not prepared to live with him or perform the conjugal duties. It is another matter if she had become unchaste or had remarried. In that event, there was no duty on the husband to maintain her. Unfortunately the Division Bench judgment of this Court in Puran Singh's case (supra), was not cited before the learned single Judge while deciding Sodagar Singh's case (supra). There being a Division Bench judgment on the point, I am bound by the same.

3. Faced with this situation, the learned counsel for the petitioner contended that the suit for maintenance as brought by the plaintiff-respondent has not been registered as yet because the application for permission to sue in forma pauperis was still pending when the impugned order was passed. Thus argued the learned counsel, no relief of interim maintenance could be granted at least at that stage In support of the contention, the learned counsel relied upon Mohan Singh v. Mohinder Kaur, 1977 Hindu LR 268, wherein it was held that it was not at all in doubt that the application for leave to sue in forma pauperis was as yet merely pending trial when the order under revision was passed and that it was, therefore, plain that at that stage, that Is, during the pendency of the application, no relief by way of interim maintenance to the respondent was possible. The learned counsel for the respondent cited Smt. Gian Devi v. Amar Nath Aggarwal, ILR (1975) 1 Delhi 811 and contended that it was the duty of the Court to protect the interest of the applicant even at that stage of the proceedings in spite of the fact that the application for leave to sue in forma pauperis was still to be adjudicated upon for the purpose of finding out whether the applicant was entitled to sue as such. However, in view of the judgment of this Court in Mohan Singh's case (supra), I am of the considered opinion that no relief by way of interim maintenance could be granted to the respondent wife during the pendency of the application for permission to sue in forma pauperia.

4. Consequently, this revision petition succeeds and is allowed. The impugned order is set aside. However, it is made clear that the matter be decided afresh in accordance with law if the suit has been registered after deciding the application for permission to sue in forma pauperis. It is further directed that in case the application to sue in forma pauperis is still pending, the same be decided within two months from today.

5. Petition succeeds.


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