Case Note & Summary
The petitioner, Umesh Ramdas Meshram, filed a writ petition challenging two orders passed by the Civil Judge Senior Division, Chandrapur, in Hindu Marriage Petition No.172/2016. The first order dated 21st December 2016 granted interim maintenance of Rs.4,000/- per month to the respondent-wife, Nisha Meshram, under Section 24 of the Hindu Marriage Act, 1955. The second order dated 29th March 2017 attached the petitioner's salary for recovery of arrears of maintenance. The petitioner and respondent were married on 30th May 2015 and have a daughter. The respondent-wife filed a complaint under the Protection of Women from Domestic Violence Act, 2005, and was granted maintenance of Rs.4,000/- per month by the Magistrate. The petitioner then filed a divorce petition. The trial court passed the impugned orders without giving the petitioner an opportunity to file a reply or be heard. The High Court found that the orders were passed ex parte and without following due process. The court set aside both orders and directed the trial court to decide the petitioner's application for setting aside the ex parte order afresh, after hearing both parties. The court also directed the trial court to consider the maintenance already granted under the Domestic Violence Act and to decide the interim maintenance application within three months.
Headnote
A) Family Law - Interim Maintenance - Section 24 Hindu Marriage Act, 1955 - Ex parte Order - The trial court granted interim maintenance of Rs.4,000/- per month to the wife without giving the husband an opportunity to file a reply or be heard. The High Court held that such an order is unsustainable as it violates principles of natural justice. (Paras 4-6) B) Civil Procedure - Setting Aside Ex Parte Decree - Order 9 Rule 13 CPC - Attachment of Salary - The trial court attached the husband's salary without following the procedure under Order 9 Rule 13 CPC for setting aside the ex parte order. The High Court set aside the attachment order and directed the trial court to decide the husband's application for setting aside the ex parte order afresh. (Paras 7-9) C) Family Law - Maintenance - Section 125 CrPC - The wife had already been granted maintenance of Rs.4,000/- per month under the Domestic Violence Act, which was not considered by the trial court while granting interim maintenance under the Hindu Marriage Act. The High Court noted this as a relevant factor. (Para 3)
Issue of Consideration
Whether the orders granting interim maintenance and attaching the petitioner's salary were passed in compliance with law and whether the petitioner was afforded sufficient opportunity to be heard.
Final Decision
The High Court allowed the writ petition, set aside both impugned orders, and directed the trial court to decide the petitioner's application for setting aside the ex parte order afresh after hearing both parties. The trial court was also directed to decide the interim maintenance application within three months, considering the maintenance already granted under the Domestic Violence Act.
Law Points
- Interim maintenance under Hindu Marriage Act
- Attachment of salary
- Setting aside ex parte orders
- Order 9 Rule 13 CPC
- Section 24 Hindu Marriage Act
- 1955
