Whether husband can be exempted from filing of written statement if interim maintenance is not paid to him?
The main contention of Ms. Anu Narula, counsel appearing on behalf of the petitioner/husband, is that in view of the settled law when the application under Section 24 of Hindu Marriage Act, 1955 for grant of maintenance and litigation expenses is pending, the court cannot compel the petitioner/applicant to file the written statement unless an order is passed in the said application. Thus, according to her the petitioner is expected to file the written statement only after the amount is paid to the petitioner. She referred to a large number of judgments in support of her contentions. It is not necessary to discuss all the judgments because of the reason that I am of the view that each case depends upon its own circumstances.
5. No doubt, in impracticable circumstances of the applicant in the application under Section 24 of the Hindu Marriage Act, I agree with the learned counsel for the petitioner that the court cannot insist the applicant to file the written statement unless the litigation expenses are deposited.However, in case such situation is not available in a particular case then the court can pass the order for filing the written statement in the matter of divorce filed by one of the parties.
IN THE HIGH COURT OF DELHI
CM(M) No. 33/2013 & CM No. 497/2013
Decided On: 11.10.2013
Appellants: Pramod Saigal
Vs.
Respondent: Amrita Sanghi
Vs.
Respondent: Amrita Sanghi
Hon'ble Judges/Coram:Manmohan Singh, J.
