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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, R.C. Khulbe, JJ.
Devendra Yadav - Appellant
Versus
Sneha - Respondent
Appeal From Order No. 409 of 2022
Decided On : 23-12-2022
Section 24 - Hindu Marriage Act - Court dismisses appeal against order awarding litigation expenses and advocate fees to respondent
Fact of the Case:
The appellant appealed against an order by the Family Court awarding litigation expenses, advocate fees, and expenses for summoning witnesses to the respondent under Section 24 of the Hindu Marriage Act.
Finding of the Court:
The Court dismissed the appeal, stating that the ground taken by the appellant, that the marriage between the parties is void, cannot be a reason to assail the impugned order. The Court emphasized that even the determination of the issue whether the marriage is void or not would require the Court to adjudicate the petition preferred by the appellant.
Issues: Appellant's challenge to the order awarding expenses to the respondent based on the assertion that the marriage between the parties is void.
Ratio Decidendi: The determination of the issue of the validity of the marriage would require adjudication of the petition, and thus, cannot be a ground to challenge the order awarding expenses to the respondent.
Final Decision: The appeal is dismissed.
JUDGMENT
Vipin Sanghi, CJ. - The appellant has preferred the present Appeal to assail the order dated 11.10.2022 passed by the Family Court under Section 24 of the Hindu Marriage Act in Original Suit No. 196 of 2021. By the impugned order dated 11.10.2022, litigation expenses of Rs. 10,000/-; Advocate Fees of Rs. 25,000/- and; expenses for summoning witnesses of Rs. 10,000/- have been awarded to the respondent.
2. The only ground taken by the appellant is that the marriage between the parties is void.
3. In our view, that cannot be a reason to assail the impugned order. Even determination of the issue whether the marriage is void or not would require the Court to adjudicate the petition preferred by the appellant.
4. The Appeal is, accordingly, dismissed.
The validity of the marriage cannot be a ground to challenge an order awarding expenses, as it would require adjudication of the petition.
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