MR RAVI vs MS REKHA

Judgment text excerpt

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd April, 2025 + CM(M) 4076/2024 & CM APPL. 73050-73051/2024 MR RAVI .....Petitioner Through: None. versus MS REKHA .....Respondent Through: Mr. Vikash Trivedi, Advocate with respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. None appears on behalf of the petitioner. 2. Respondent is, however, present with her counsel Mr. Vikash Trivedi. 3. Petitioner herein is defending a petition filed by his wife whereby she is seeking divorce on the ground of cruelty and desertion. 4. During pendency of the abovesaid petition, on the basis of one application moved under Section 24 of Hindu Marriage Act, 1956, the learned Trial Court, vide order dated 17.03.2023 directed the petitioner-husband to pay a sum of Rs.10,000/- per month as ad-interim maintenance with effect from March, 2023 till disposal of the abovesaid application. 5. Such order is under challenge. 6. During course of arguments, however, learned counsel for the respondent submits that the present petition is not maintainable as before filing the present petition, the respondent-wife had already withdrawn her divorce petition on 07.12.2023. So much so, even the Execution Petition filed by her has been disposed of, as satisfied. It is submitted that in relation to the abovesaid divorce petition, no proceedings of any nature, whatsoever, are Signature Not Verified Digitally Signed CM(M) 4076/2024 1 By:SONIA THAPLIYAL Signing Date:23.04.2025 15:59:21 pending. 7. A careful perusal of the petition would also indicate that even the petitioner-husband, in the present petition, has mentioned that the divorce petition has been withdrawn by his wife on 07.12.2023. 8. The abovesaid order was, even otherwise, interim in nature and