Courts are expected to act promptly in proceedings related to maintenance pendent-lite, and unjustifiable delays should be rectified by directing expeditious resolution of the main petition.

JUDGMENT

Sandeep Sharma, J. (oral) - Being aggrieved and dissatisfied with order dated 24.1.2018, passed by the learned Additional District Judge, Hamirpur, District Hamirpur, H. P., whereby an application filed under section 24 of the Hindu Marriage Act, 1955 (in short "the Act") for grant of maintenance pendent-lite, came to be dismissed, applicant/petitioner (herein after referred to as the applicant), has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid impugned order and to allow the application filed under Section 24 of the Act.

2. Having heard learned counsel for the parties and perused the material available on record vis--vis impugned order passed by the learned court below, this Court finds that marriage inter-se applicant and respondent stands dissolved by way of decree dated 1. 11.2012, which has been affirmed by this Court vide judgment dated 31.7.2015 (Annexure P-7).

3. Learned counsel for the applicant fairly acknowledged that aforesaid judgment of this Court affirming decree passed by the court below dissolving the marriage inter-se parties has attained finality because no appeal, whatsoever, has been filed against the same. After disposal of the appeal i.e. FaO No. 303 of 2008 dated 8.12.2009, applicant filed petition under Section 25 of the Act, claiming therein maintenance/permanent alimony. In those proceedings, applicant filed application under Section 24 of the Act, praying therein for grant of maintenance pendent-lite and expenses of proceedings, learned court below vide impugned order referred herein above, dismissed the application. In the aforesaid background, applicant has approached this Court in the instant proceedings.

4. Mr. Nitin Thakur, learned counsel for the applicant states that bare perusal of impugned order clearly suggests that court below while ascertaining the income of the applicant took note of the documents, which were filed by the respondent-husband in the revision petition filed in the year, 2009. He contended that in the instant proceedings, there is nothing on record suggestive of the fact that applicant has sufficient means to maintain herself and as such, court below ought to have allowed her application filed under Section 24 of the Act.

5. This Court having carefully perused impugned order finds that application under Section 25 of the Act, is pending adjudication since January, 2017. Learned court below took almost one year to decide the application under Section 24 having been filed by the applicant, which laxity on the part of Court, in no circumstances, could be said to be justifiable. In such like proceedings, courts below are expected to act with utmost promptitude and as such, this Court without going into the merits of the instant order deems it fit to dispose of the present petition with a direction to the court below to decide the main petition expeditiously preferably, within a period of two months from today. Ordered accordingly.

6. Learned counsel for the parties undertake to cause presence of their respective clients before the court below on 10.1.2019, to enable it to proceed with the matter. Both the parties also undertake before this Court that they would not take unnecessary adjournment so that court below is able to decide the matter within the time stipulated by this Court. Record, if any, be sent back forthwith. Registry is directed to apprise the court below with regard to passing of the instant order to enable it to do the needful within the stipulated period.

7. This Court has been informed that on the basis of pleadings adduced on record by the respective parties, issues stand already framed and now evidence is to commence, and as such, court below shall grant only one opportunity each to both the parties to lead the evidence, and in the event of not availing the opportunity within time stipulated by this Court, court below is at liberty to proceed with the mat