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Judgment
Rule. Rule made returnable forthwith.
Heard finally with the consent of learned Counsel for both the parties.
The present petition challenges an order passed under Section 24 of the Hindu Marriage Act, granting amount of maintenance to the respondent to the tune of Rs.10,000. After arguing for some time, and as has been seen from the proceedings, that it is an interim order, and the main proceedings for divorce is still pending. In that view of the matter and by consent of the parties, the following order is passed:
ORDER
The order dated 10.07.2025 passed by the Family Court, Yavatmal, in Petition No. A-152/2024, is quashed and set aside.
ii) The Trial Court, i.e. the Family Court, Yavatmal, is directed to decide the application filed by the respondent-wife afresh after granting sufficient opportunity to all the parties to make their submissions and to file all relevant documents on record. However, in the meantime, the petitioner is directed to deposit an amount of Rs.1,30,000/- which, according to the respondent, is an amount of arrears with the Family Court, Nagpur, within one month from today.
iii) On depositing such amount, the Trial Court, i.e. the Family Court, Yavatmal, would take up the application filed by the respondent-wife under Section 24 of the Hindu Marriage Act for consideration and hearing and pass a fresh and reasoned order thereon till 30.11.2026.
iv) However, it is clarified that till the application by the Family Court is decided afresh, the petitioner-husband would continue to pay/deposit the maintenance at the rate of Rs.10,000/-. It is further clarified that the deposit for payment of maintenance in the Family Court or to the respondent - wife would not create any equities in the matter and would be subject to order of the Family Court while deciding the application for interim maintenance afresh.
With these directions, the petition is disposed of.