Sudershan Kumar Sachdeva vs Smt. Pushplata

G.R. Majithia, J.—The petitioner has come to this Court under Article 227 of the Constitution of India for a direction that the additional District Judge, Rohtak, should dispose of the application filed by him in Matrimonial Case No. 24 of 1987, titled as Smt. Pushap Lata v. Sudarshan Kumar Sachdeva, under Order 7 Rule 11 of the Code of Civil Procedure.

The petitioner's case in brief is that he got an ex-parte decree for divorce against his wife on August 1, 1987, from the court of Additional District Judge, Delhi. The respondent moved an application before the Additional District Judge, for setting aside the ex parte decree but the application was dismissed and the respondent-wife has filed an appeal against the order in the Delhi High Court. In the application his principal grouse is that in view of the exparte decree for divorce, petition u/s 9 of the Hindu Marriage Act; at the instance of the wife, is not maintainable and there is a statutory bar against the maintainability of the petition. I find some substance in the submission of the Learned Counsel. I direct the Additional District Judge, Rohtak, to dispose of the application under Order 7 Rule 11 of the CPC filed by the husband in the Matrimonial Case No. 24 of 1987 titled as Pushpa Lata v. Sudarshan Kumar Sachdeva, before proceeding with the merits of the case. The Learned Judge shall dispose of the application within three months from the date of the receipt of the order from this Court.

The wife sent an application purporting to be u/s 24 of the Hindu Marriage Act, for fixation of interim maintenance and the litigation expenses. This application was received by post which was numbered as CM. No. 44-M of 1988. ''

The respondent filed reply to the petition. The revision petition and CM. No. 44-M of 1988 came up for final disposal today. I have passed the order in the main civil revision (No. 956 of 1988). In the Civil Miscellaneous application, the wife did not engage any counsel. However, it will meet the ends of justice, if the husband pays Rs. 1000/- to the wife by way of compensation. I do not propose to pass any order u/s 24 of the Hindu Marriage Act. The Learned, Additional District Judge, will decide the application as and when preferred before him and he will dispose of the same in accordance with law. However, in the interest of justice, I award a sum of Rs. 1000/- to be paid by the husband to the wife by way of compensation. The parties to appear before the Addl. District Judge, Rohtak, on 10. 11 1988.

With the above observations, the civil miscellaneous and revision petition are disposed of.