IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL

ON THE 6^th OF SEPTEMBER, 2022

MISC. PETITION No. 3017 of 2022

BETWEEN:-

SMT. SANGEETA GROVER W/O SHRI RANJAN

GROVER,

AGED

ABOUT

36

YEARS,

OCCUPATION:

HOUSE

WIFE

C/O

SUSHMA

KOHLI 57/1 NEAR PREM NAGAR POST OFFICE

P.S. GARHA, DISTRICT JABALPUR (MADHYA

PRADESH)

.....PETITIONER

(BY SHRI VIVEK AGRAWAL, ADVOCATE)

AND

RANJAN

GROVER

S/O

SHRI

MADANLAL

GROVER,

AGED

ABOUT

37

YEARS,

OCCUPATION: BUSINESS CIVIL LINE KATNI,

DISTRICT KATNI (MADHYA PRADESH)

.....RESPONDENT

(BY SHRI SHREYASH PANDIT, ADVOCATE)

This petition coming on for hearing this day, the court passed the

following:

ORDER

Arising out of the main proceedings instituted by respondent/husband under

section 13 of the Hindu Marriage Act, this miscellaneous petition has been filed

by petitioner/wife challenging the order dated 25/06/2022 (Annexure P/6),

whereby application filed by the petitioner under Section 151 CPC dated

22/06/2022 has been dismissed.

2. Learned counsel appearing for the respondent/husband has taken preliminary

objection with regard to maintainability of the present petition on the ground that

this petition has not been filed against any order of Family Court and there is no

1

Signed by: RASHMI

RONALD VICTOR

Signing time: 9/7/2022

10:28:45 AM

Signature Not Verified

relief claimed in the petition for setting aside of any order. He further pointed

out the order dated 23/05/2022 passed by this Court in W.P. No.10458/2022,

whereby the petitioner's petition was dismissed, whereby the order passed by

the Family Court reserving liberty with the petitioner to file execution

proceeding to execute the order of maintenance, was upheld.

3. Learned counsel for the petitioner submits that vide order dated 17/01/2019,

learned Family Court decided the application of the petitioner under Section 24

of the Hindu Marriage Act and fixed the maintenance pendent-lite @

Rs.20,000/- p.m. from the date of passing of the order.

4. He submits that learned Family Court has heard final arguments in the original

case whereas the respondent has not complied with the order dated 17/01/2019

and has not deposited the entire amount of maintenance. Accordingly, he

submits that an amount of Rs.6,35,000/- is due and unless this amount is not

paid/deposited by the respondent/husband, the proceedings of the main case in

question should be stayed.

5. Learned counsel for the respondent submits that the petitioner has already

initiated execution proceedings, which fact has been suppressed by the

petitioner from this Court. He further disputes any arrears of maintenance in

pursuance of order dated 17/01/2019 and he submits that three days ago, an

amount of Rs.70,000/- has been paid by the respondent/husband. Lastly, he

submits that in the light of order passed by this Court on 23/05/2022 in W.P.

10458/2022, no further order is required to be passed and he prays for

dismissal of the miscellaneous petition.

6. Heard learned counsel for the parties and perused the record.

7. Undisputedly, the order dated 17/01/2019 has been passed in the pending

proceedings under Section 13 of the Hindu Marriage Act instituted by the

respondent/husband and as per submissions made on behalf of the parties, the

order dated 17/01/2019 is still in force and has not been modified by any

2

Signed by: RASHMI

RONALD VICTOR

Signing time: 9/7/2022

10:28:45 AM

Signature Not Verified

Superior Court or even by Family Court.

8. It is also clear that while passing the order dated 23/05/2022, the recent

decision of Supreme Court in the case of Rajnesh Vs. Neha & Another

(2021) 2 SCC 324 as well as other binding decisions were not brought to the

notice of this Court, in which it has been held as under:

Striking off the Defence

“118. Some Family Courts have passed orders for

striking off the defence of the respondent in case of non-

payment of maintenance, so as to facilitate speedy disposal of

the maintenance petition. In