JUDGMENT :

1. The present cases are taken up today through Video conferencing.

2. W.P.(C) No. 4321 of 2019 has been filed by the petitioner for quashing and setting aside the order dated 29.06.2019 (Anneuxre-4 to the writ petition) passed by the Additional Principal Judge (Additional Family Court), Dhanbad in Original Suit No. 778 of 2017 whereby the respondent’s application dated 05.01.2019 filed under Section 24 of the Hindu Marriage Act, 1955 (in short “the Act, 1955”) has been allowed and the petitioner has been directed to pay Rs.10,000/- per month as maintenance pendente lite to the respondent and has further been directed to pay Rs.500/- per date to the respondent on her appearance and Rs.300/- per date in case of her non-appearance in the proceeding.

3. W.P.(C) No. 4379 of 2019 has been filed by the petitioner for quashing and setting aside the order dated 29.06.2019 (Annexure-4 to the writ petition) passed by the Additional Principal Judge (Additional Family Court), Dhanbad in Original Suit No. 778 of 2017 whereby the petitioner’s application dated 04.03.2016 filed under Section 26 of the Act, 1955 read with Section 6(a) of the Hindu Minority and Guardianship Act, 1956 (in short “the Act, 1956”) praying for custody of his minor children has been dismissed.

4. The factual background of the case as stated in both the writ petitions is that the marriage between the petitioner and the respondent was solemnized on 12.03.2006 according to Hindu rites and custom and out of the said wedlock, they were blessed with two children namely Nikita Singh (daughter) and Mihir Narayan Singh (son). It has further been stated that the petitioner attempted all the possible ways to save the conjugal life but due to undue demands and cruel behaviour of the respondent towards him, he was compelled to file matrimonial suit being H.M.A No. 196 of 2016 before the Principal Judge, Family Court (Tis Hazari Court) Delhi under section 13(1)(i-a) of the Act, 1955 seeking dissolution of marriage by a decree of divorce. The respondent filed Transfer Petition (Civil) No. 1858 of 2016 before the Hon’ble Supreme Court to transfer the said matrimonial suit from the Principal Judge, Family Court (Tis Hazari Court), Delhi to the Principal Judge, Family Court, Dhanbad. The said petition was allowed and the matrimonial suit was transferred to Dhanbad which was subsequently renumbered as Original Suit No. 778 of 2017 which is still pending. The respondent appeared in the said case and filed written statement denying all the allegations levelled against her. In the meantime, the respondent filed a petition on 05.01.2019 under Section 24 of the Act, 1955 claiming Rs.15,000/- per month as maintenance pendente lite and expenses of proceedings during the pendency of the said matrimonial suit. The petitioner had also filed a petition on 04.03.2016 under Section 26 of the Act, 1955 read with Section 6(a) of the At, 1956 for custody of his minor children which was objected by the respondent. The court below heard both the aforesaid petitions and vide common order dated 29.06.2019 allowed the petition for maintenance pendent lite of the respondent filed under Section 24 of the Act, 1955 directing the petitioner to pay Rs.10,000/- per month as pendent lite maintenance as well as to pay Rs.500/- per date to the respondent on her appearance and Rs.300/- per date in case of her non-appearance in the proceeding. The said court however dismissed the petitioner’s application filed under Section 26 of the Act, 1955 regarding custody of his minor children.

5. Learned counsel for the petitioner submits that though the respondent has willingly left her matrimonial house, yet the petitioner is ready to keep her as wife along with children with full dignity and honour in accordance with his financial status. However, the respondent with ulterior motive, did not accept the request of the petitioner which may jeopardize the future of the children who are being deprived of proper care and