The court emphasized that proceedings for interim maintenance under Section 24 of the Hindu Marriage Act must take precedence to ensure subsistence for dependent spouses during ongoing divorce litigation.

ORDER :

NUPUR BHATI, J.

1. This writ petition has been filed by the petitioner seeking following reliefs:

“a) Direct that the impugned order dated 04.09.2025 (Annex.6) be quashed and set aside,

b) Direct that the proceedings in Case No. 275/2024 filed. by the Respondent under Section 13 (1)(ia)(ib) of the Hindu Marriage Act, 1955 before the Learned Family Court, Merta be decided only after deciding the Case No. 17/2025 filed by the Petitioner under Section 24 of the Hindu Marriage Act, 1955 pending before the Learned Family Court, Merta,

c) Grant such further relief(s) which in the facts and circumstances of this case may do complete justice to the petitioner; and

d) Costs of the writ petition be awarded to the petitioner.”

2. Brief facts of the case are that the petitioner and the Respondent were married as per Hindu rites and customs. Subsequently, disputes arose between them, whereupon the Respondent filed an application for divorce on 29.11.2024, being Case No.275/2024 before the Learned Family Court, Merta (“Trial Court”) under Sections 13 (1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (“the Act of 1955”), based on false and misrepresented facts. The Petitioner filed her detailed reply (Annex.1) denying the allegations.

2.1. Thereafter, the Petitioner filed an application under Section 24 of the Act of 1955, being Case No.17/2025 before the Learned Trial Court, seeking maintenance pendente lite as she is a poor and illiterate woman with no independent means of livelihood. Her parents are ailing, and she has no siblings to support her, leaving her dependent on interim maintenance for sustenance and to participate effectively in the trial proceedings.

2.2. Later, the Petitioner realized that due to a clerical error, the aforesaid application mentioned a total maintenance amount of Rs.30,000/- instead of monthly maintenance of Rs.30,000/-. Consequently, she filed an application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (“CPC”) seeking to amend the said error, which was opposed by the Respondent.

2.3. On 07.08.2025 (Annex.2), the Learned Trial Court, after hearing both sides, allowed the Petitioner’s application under Order 6 Rule 17 CPC, observing that the amendment would not alter the nature of the petition or cause any prejudice to the Respondent.

2.4. Aggrieved thereby, the Respondent filed S.B. Civil Writ Petition No.15874/2025 before this Court challenging the said order dated 07.08.2025. On 21.08.2025 (Annex.3), this Court passed an order directing issuance of notice and staying the operation of the order dated 07.08.2025 (Annex.8 in that petition).

2.5. In compliance with the said order dated 21.08.2025, the Learned Trial Court stayed the proceedings in the Petitioner’s application under Section 24 of the Act of 1955. However, the divorce proceedings initiated by the Respondent continued, thereby defeating the very object of granting interim maintenance to the Petitioner.

2.6. Consequently, the Petitioner, on 26.08.2025 (Annex.4), filed an application under Section 151 CPC before the Learned Trial Court seeking stay of proceedings in Case No.275/2024 (divorce petition) in pursuance of this Court’s order dated 21.08.2025, as both proceedings under Sections 13 (1)(ia)(ib) and 24 of the Act of 1955 are interlinked.

2.7. The Respondent, on the same day i.e. 26.08.2025, filed his reply (Annex.5) opposing the said application and contending that proceedings under Section 13 (1)(ia)(ib) of the Act of 1955 are independent of those under Section 24 of the Act of 1955.

2.8. Thereafter, on 04.09.2025 (Annex.6), the Learned Trial Court passed the impugned order dismissing the Petit