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2024 Supreme(Online)(SC) 5479

CIVIL APPEAL NO. 1517 OF 2024

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1517 OF 2024

(@ Petition for Special Leave to Appeal (C) No. 9891/2018)

VINAY KUMAR

APPELLANT

VERSUS

LIPI MOHAPATRA

RESPONDENT

ORDER

1. Leave granted.

2. The appellant is aggrieved by an interim order dated 29th January, 2018 passed by the High Court of Punjab and Haryana at Chandigarh on an application for grant of pendente lite maintenance and litigation expenses moved by the respondent-wife under Section 24 of the Hindu Marriage Act,

1955.

3. We may note that the said application was moved by the respondent-wife in a First Appeal1 preferred by her against judgement dated 17th March, 2015 passed by the Family Court declaring the marriage between the appellant-husband and the respondent-wife as null and void. The appeal is stated to be pending adjudication before the High Court. As an interim measure, the High Court has directed that the appellant-husband should pay a sum of 25,000/- (Rupees Twenty five thousand only) per month as ₹ maintenance pendente lite to the respondent-wife from the date the application 1 FAO No.3870 of 2015 Digitally signed by GEETA AHUJA Date: 2024.02.09 10:47:10 IST Reason:

    Signature Not Verified CIVIL APPEAL NO. 1517 OF 2024 was moved by her i.e. April, 2015. She was also held entitled to litigation expenses quantified at 55,000/- (Rupees Fifty five thousand only). It was ₹ made clear that the maintenance, if any paid by the appellant in the proceedings before the Family Court would be adjusted towards maintenance fixed in the impugned order and the litigation expenses paid earlier would also be accordingly adjusted.

4. We have heard learned counsel for the parties and are of the view that any opinion expressed in the instant case regarding the marital relationship between the parties shall have a bearing on the outcome of the appeal filed by the respondent-wife pending before the High Court.

5. It is, therefore not considered appropriate for us to go into the aforesaid aspect of the validity of the marriage. Prudence demands that this Court refrains from making any observations on the relative merits/demerits of the respective stands taken by the parties before the High Court qua the validity/legality of the marriage stated to have been solemnized between the parties on 14th February, 2005.

6. The impugned order being only interim in nature, we do not deem it appropriate to interfere therein. However, to secure the interest of the parties, it is deemed appropriate to direct the appellant-husband to deposit the up to date maintenance before the High Court in terms of the impugned judgement, in four equal instalments payable on a monthly basis, the first instalment being payable on or before 29th February, 2024 and the last instalment payable on or before CIVIL APPEAL NO. 1517 OF 2024 31st May, 2024. The amount deposited in the High Court shall be placed in an interest bearing account in a Nationalized Bank initially for a period of one year, to be renewed thereafter from time to time. The said amount along with interest shall abide by the final judgement that may be pronounced by the High Court. Litigation expenses shall be paid by the appellant-husband to the respondent-wife within four weeks from today.

7. The appeal is disposed of on the aforesaid terms.

……………………….......................J. ( HIMA KOHLI ) ……………………….......................J. ( AHSANUDDIN AMANULLAH ) NEW DELHI 01st FEBRUARY, 2024 GA CIVIL APPEAL NO. 1517 OF 2024 ITEM NO.11 COURT NO.9 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9891/2018 (Arising out of impugned Interim order dated 29-01-2018 in CMM No.

108/2015 in FAO No.3870/2015 passed by the High Court Of Punjab & Haryana At Chandigarh) VINAY KUMAR Petitioner(s) VERSUS LIPI MOHAPATRA Respondent(s) Date : 01-02-2024 This petition was called on for hearing today.

CORAM :

    HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr.

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