Navneet Sharma and Shivank Panta v. Esha Dhir

1. This matter is fixed for 13.09.2024.

2. However, in the interregnum, an application has been moved by petitioner seeking modification of order dated 20.03.2024.

3. This Court has seen the impugned order and with the consent of both the parties, the main petition as such has been taken up today for final consideration.

4. A petition seeking divorce was filed by the petitioner herein which is presently pending before the learned Family Court. The petitioner moved an application under Section 26 of Hindu Marriage Act seeking custody of their CM(M) 2176/2024 2 son and similarly the respondent also moved an application under Section 24 of Hindu Marriage Act, seeking maintenance.

5. Undoubtedly, as per the order passed by this Court in CM(M) NO. 487/2020, the respondent-wife is already getting a sum of Rs. 15,000/- per month towards maintenance.

6. Be that as it may, the issue is which application should be decided first- whether the application moved by the petitioner under Section 26 of Hindu Marriage Act or the one filed by the wife under Section 24 of Hindu Marriage Act.

7. Fact remains that both the applications are still pending adjudication before the learned Trial Court and the learned Trial Court has not been able to hear the arguments and dispose those of because of the pendency of the present petition.

8. After hearing both the sides and keeping in mind the overall facts and circumstances of the case and also in the interest of justice, the present petition is disposed of with direction that the learned Trial Court shall hear the arguments on both the aforesaid applications in one go and would dispose those of by a common order.

9. The next date before the learned Trial Court is stated to be 06.09.2024 and it is expected that both the parties would render due assistance and cooperation so that the learned Trial Court is in a position to hear the arguments and dispose of such applications as expeditiously as possible.

10. Both the sides would be at liberty to file written submissions, if not already filed, with respect to the above said applications before the learned Family Court so that there is no further delay in the matter.

11. The petition stands disposed of in the aforesaid terms. CM(M) 2176/2024 3

12. The next date stands cancelled.

13. It is also clarified that all the rights and contentions of the parties are reserved and that this Court has not given any opinion whatsoever, with respect to the merits of the above said two applications.

14. Order dasti under the signatures of the Court Master.

JUDGE AUGUST 28, 2024