Application for maintenance (U/S 24-HMA) has to be decided first before an order for filing WS is passed against the applicant

Last updated: 24 October 2013

Court :
High Court of Delhi

Brief :
It is very unfortunate litigation between the husband/petitioner and wife/respondent who are Advocates of the Supreme Court and of this Court. They got married on 25th January, 1996. However, in the year 2004, the husband, who is the petitioner herein, had a health problem and he underwent various surgeries including removal of large intestine and rectum which prevented him from continuing his active practice. In the year 2009 the respondent/wife filed a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 and a notice was issued to the husband for 9th July, 2009 who appeared and moved an application under Section 24 of the Hindu Marriage Act, 1955 for grant of maintenance and litigation expenses from the wife to enable him to contest the matter and to meet his medical expenses. The said proceedings continued for some time. The petitioner also filed an application under Order 11 CPC. Thereafter, the respondent filed an application under Order VIII Rule 10 CPC for striking off defence of the petitioner.

Citation :
PRAMOD SAIGAL ….. Petitioner Through Ms. Anu Narula, Adv. Versus AMRITA SANGHI ….. Respondent Through Mr. Sanjeev Sahay, Adv.