AO/330/2022
2023 Latest Caselaw 612 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

              APPEAL FROM ORDER NO. 330 OF 2022

                            13TH MARCH, 2023

Between:

Smt. Sadhna alias Rani                        ......         Appellant

and

Ashish Chamoli                                ......        Respondent

Counsel for the appellant         :   Mr. Neeraj Garg, learned counsel

Counsel for the respondent        :   --


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             Despite        service    none     appears      for     the

respondent.         We, accordingly, proceed to dispose of the

present appeal.


2)           The present appeal is directed against the order

dated 05.08.2022, passed by the Principal Judge, Family

Court, Dehradun, in Original Suit No. 703 of 2020,

whereby the application preferred by the appellant under

Section 24 of the Hindu Marriage Act to seek maintenance

has been disposed of. By the impugned order, she has

been denied maintenance, and only granted litigation

expenses of Rs.10,000/-.
                               2




3)          We have perused the impugned order, and we

find that the same is completely bereft of any discussion,

or application of mind.       The impugned order cursorily

records the case of the parties, and does not go beyond

that. There is no reason or basis discernible as to why the

learned Principal Judge, Family Court has thought it fair to

reject the appellants application.


4)          We, accordingly, set aside the impugned order,

and remand the case back to the Principal Judge, Family

Court, Dehradun, to re-hear the parties on the basis of

their respective pleadings and affidavits, and to decide the

application afresh.     If it is considered necessary, the

Principal   Judge,   Family   Court,    may   call   for   further

affidavits of the parties in support of their respective

cases.


5)          Appeal stands disposed of in the aforesaid

terms.



                                          ________________
                                          VIPIN SANGHI, C.J.



                                       _________________
                                       ALOK KUMAR VERMA, J.

Dt: 13th MARCH, 2023 Negi