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Judgment
A.S. Bopanna, J.—The petitioners are before this Court assailing the order dated 20.04.2013 passed on IA. No. 2 in M.C. No. 938/2011 impugned at Annexure-A to the petition. By the said order, the Court below has directed the petitioners herein to pay the interim maintenance at the rate of Rs. 2,000/- per month to the respondents herein during pendency of the proceedings. In addition, litigation expense of Rs. 5,000/- is ordered to be paid. The brief facts are that the respondents herein have instituted the petition under Sections 5(ii)(a)(b)(c), 12 and 12(a) of the Hindu Marriage Act, 1955 to declare that the alleged marriage performed with the petitioner herein on 29.08.2010 as null and void. In the said proceedings, the respondents have filed IA. No. 2 seeking grant of interim maintenance. The Court below after considering the rival contentions has ordered the grant of interim maintenance.
The learned counsel for the petitioners while assailing the said order would contend that the very allegations made by presenting the main petition seeking to declare the marriage as null and void is that the petitioner herein is insane and this fact had not been disclosed at the time of the marriage. In such circumstance, it is contended that when it is the very case of the respondents herein before the Court below with regard to the mental capacity of the petitioner, the Court below ought to have kept this aspect also in view while considering the aspect relating to interim maintenance inasmuch as the person who is alleged to be insane would not be in a position to earn and maintain his wife.
The learned counsel for the respondents would contend that even though such allegation had been made in the instant petitions, the respondents have denied the same and have contended that the petitioner is of lesser intelligence and in such circumstance, the Court below taking note of all these aspects has granted the interim maintenance which does not call for interference.
In the light of the contentions, a perusal of the order would indicate that in fact the Court below has taken note of the allegations made in the main petition itself Having adverted to the same, in the portion while granting maintenance, this aspect of the matter has not been specifically dealt with. The order would disclose that the Court below in fact on taking note of the circumstance that the petitioner herein is the husband has taken into consideration the normal life style of a middle class family and has thereafter awarded the maintenance. Though in a normal circumstance the quantum of interim maintenance granted would not have arisen for consideration and interference at the hands of this Court, in the peculiar facts of the instant case where the respondent herself has alleged that the petitioner is insane and has sought for declaration of the marriage as null and void, I am of the opinion that in such circumstance, without there being proof of allegations and also the contrary evidence on record, the grant of interim maintenance in the instant facts would not be justified. Hence, the order impugned herein dated 20.04.2013 is set aside. Having already taken note of the fact that there are certain peculiar circumstances in the instant case with regard to the allegations that have been made and in that circumstance since the grant of interim maintenance is also being set aside, I am of the opinion that the main petition before the Family Court itself should be taken and disposed of within a time frame. In that view a direction is issued to the Family Court to consider and dispose of the main petition in M.C. No. 938/2011 as expeditiously as possible, but not later than eight months from the date on which a copy of this order is furnished to the Court below.
In terms of the above direction, the petitions stand disposed of.