Court No. - 38

Case :- FIRST APPEAL No. - 667 of 2018

Appellant :- Chandra Kant

Respondent :- Smt. Meenu

Counsel for Appellant :- Sanjay Kumar Dubey

Hon'ble Abhinava Upadhya,J.

Hon'ble Bachchoo Lal,J.

Heard Sri Sanjay Kumar Dubey, learned counsel for the

appellant and perused the record.

By means of this appeal the appellant has challenged the order

dated 16.8.2018 in Misc. Case No. 92 of 2016 allowing the case

under Section 24 of the Hindu Marriage Act by which Rs.

3000/- maintenance pendentelite has been allowed.

The challenge to the aforesaid order is that initially the

application under Section 24 of the Hindu Marriage Act was

filed on 29.2.2016 in a proceeding pending under Section 9 of

the Hindu Marriage Act filed by the husband. It is further

submitted that on the very date when the application under

section 24 was filed by the wife, the husband withdrew the case

under Section 9 of the Hindu Marriage Act. Thereafter, the

appellant husband filed a suit under Section 13 of the Hindu

Marriage Act for dissolution of the marriage by divorce on

9.11.2016.

The argument raised is that the application under Section 24 of

the Hindu Marriage Act is maintainable only in a p