Advocates:
['M/S MILAN KANUNGO', '', 'S K MISHRA', 'P S ACHARYA', 'D PRADHAN', 'M/S HIMANSU SEKHAR MISHRA', '', 'K BADHEI', 'AMARENDRA KU MISHRA', 'DR A K TRIPATHY']

CMP.No.1214 of 2015

29.10.2015

Heard Mr.M.Kanungo, learned Senior Counsel for the petitioner and Mr.H.S.Mishra, learned S

enior Counsel for the Opp.party.

By filing this Civil Miscellaneous Petition, the petitioner-wife has assailed the impugned

order dated 04.9.2015 passed by Civil Judge (Senior Division),Jharsuguda in pending MAT Cas

e No.16/22 of 2011/12.Mr.Kanungo,learned Senior Counsel for the petitioner submits that the i

mpugned order is bad in as much as there is no prohibition in the Hindu Marriage Act for fili

ng an application for interim maintenance Under Section 24 of the Hindu Marriage Act at the

fag end of the proceeding in the main case. Mr.Kanungo further submitted that in view of the

application, the Civil Judge (Senior Division),Jharsuguda ought to have been decided the matt

er on merit instead of dismissing the matter mechanically.

In opposition, Mr.H.S.Mishra, learned Senior Counsel for Opp.party vehemently opposing the

contentions of the petitioner submitted that the husband is being harassed by the wife-petiti

oner by initiating several proceedings in as much as a proceeding under the Domestic Violation

Act, a proceeding under