Allahabad High Court
Jai Prakash Chauhan vs Reena Devi on 7 December, 2023
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:231774
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 11258 of 2023
Petitioner :- Jai Prakash Chauhan
Respondent :- Reena Devi
Counsel for Petitioner :- Shashank Kumar,Ram Pravesh Yadav
Hon'ble Prakash Padia,J.
1. It is argued by counsel for the petitioner that an order dated 21.11.2016 was passed by the Principal Judge, Family Court, Dhanbad in Case No.16 of 2016 filed under Section 125 Cr.P.C. by the respondent-Reena Devi against the present petitioner in which an order was passed directing the petitioner to make the payment of Rs.6,000/- per month to the opposite party as maintenance payable by 10th of each succeeding month. The petitioner is complying with the aforesaid order till date. It is further argued that another case being Divorce Petition No.336 of 2020 was filed by the present petitioner in the court of Additional Principal Judge, Family Court, Ballia in which an application was filed by the opposite party being Application No.10-C-2, which was partly allowed and the direction was given to the petitioner to make the payment of Rs.2,000/- per month as maintenance and Rs.1,000/- for litigation expenses. It is further argued that in view of the law laid down by the Hon'ble Apex Court in the case of Rajnesh Vs. Neha and another reported in (2021) 2 SCC 324, the order passed by the Additional Principal Judge, Family Court, Ballia dated 20.05.2023 is illegal. Counsel for the petitioner placed reliance upon the final direction given by the Hon'ble Apex Court in the aforesaid judgement, which reads as follows :-
VI. Final Directions
"In view of the foregoing discussion as contained in Part B - I to V of this judgment, we deem it appropriate to pass the following directions in exercise of our powers under Article 142 of the Constitution of India :
(a) Issue of overlapping jurisdiction
To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different proceedings, it has become necessary to issue directions in this regard, so that there is uniformity in the practice followed by the Family Courts/District Courts/Magistrate Courts throughout the country. We direct that:
(i) where successive claims for maintenance are made by a party under different statutes, the Court would consider an adjustment or set- off, of the amount awarded in the previous proceedings, while determining whether any further amount is to be awarded in the subsequent proceeding;
(ii) it is made mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding;
(iii) if the order passed in the previous proceedings requires any modification or variation, it would be required to be done in the same proceeding."
7. Matter requires consideration.
8. Issue notice to the respondent. Steps be taken within a week.
9. Counsel for the respondents are granted six weeks' time to file counter affidavit. Petitioner will have two weeks' thereafter to file rejoinder affidavit.
10. List after the exchange of affidavit.
11. Until further order of this Court, the effect and operation of the order dated 27.01.2023 passed by the Additional Principal Judge, Family Court, Ballia under Section 24 of the Hindu Marriage Act, 1955 shall remain stayed.
12. It is made clear that the petitioner will made interim maintenance to the defendant-respondent as per the order dated 09.09.2021 passed in Case No. 497 of 2018."
2. Matter requires consideration.
3. Issue notice to the respondent. Steps be taken within a week.
4. Counsel for the respondents are granted six weeks' time to file counter affidavit. Petitioner will have two weeks' thereafter to file rejoinder affidavit.
5. List after the exchange of affidavit.
6. In view of the same, until further order of this Court, the effect and operation of the order dated 20.05.2023 passed by the Additional Principal Judge, Family Court, Ballia under Section 24 of the Hindu Marriage Act, 1955 shall remain stayed.
7. It is made clear that the petitioner will make interim maintenance to the defendant-respondent as per the order dated 21.11.2016 passed in Original Maintenance Petition No.16 of 2016.
Order Date :- 7.12.2023
Pramod Tripathi
