FA/80/2022
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                                  FA No. 80 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Hon'ble Alok Kumar Verma, J.

Ms. Jasleen Kaur Sidhu, appellant, in person.

Mr. B.D. Pande and Mr. Akshay Pradhan, Advocates, for the respondents.

This order is being passed with the consent of the parties and the litigants, who are participating through video conferencing.

The two matters arising out of First Appeal No. 80 of 2022 and MCC No. 13809 of 2022, stood adjudicated by us by a judgment rendered on 09.09.2022.

The matter has travelled before the Hon'ble Apex Court, and SLP (Civil) Diary Nos. 16133/2023 and 10110-11/23, the same are presently pending consideration before the Hon'ble Apex Court, in which, the following order has been passed on 8th May, 2023. Relevant part of the order is extracted hereunder :-

"In the meanwhile, subject to the current maintenance as ordered by the High Court being regularly paid and 25% of the arrears (inclusive of the sum of Rs.5 lakhs which is said to have already deposited) being deposited within a period of six weeks from today, the mater shall not be precipitated any further.

It is made clear that the interim order passed herein is limited to the aspect of the maintenance and arrears of maintenance and the proceedings in any even can go ahead."

Today the matter is listed on a clarification, which has been sought by the concerned Court, by virtue of his communication dated 20th July, 2023, as to whether, in the light of the pendency of the proceedings before the Hon'ble Apex Court, whether, the matter could still be proceeded to be adjudicated on merits finally.

The aforesaid communication is being clarified, that as far as the opinion of our goes, that in accordance with the orders passed by the Hon'ble Apex Court, where it has been observed that "the proceedings, in any event, can go ahead", would relate back to the proceedings, which were pending before the learned Trial Court, which has been left open to be decided on its own merits.

As such, the communication dated 20th July, 2023, is being answered accordingly, that in the light of the judgment of the Supreme Court dated 8th May, 2023, there is no legal impediment as such to proceed further to decide the matter on merits.

Accordingly, the Court concerned may proceed to decide the matter finally on its merits.

(Alok Kumar Verma, J.) (Sharad Kumar Sharma, J.) 02.08.2023 02.08.2023 Shiv