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2014 DIGILAW 1438 (MP)

Pappu @ Rajendra Prasad Bagri v. Lala

2014-11-07

K.K.TRIVEDI

body2014
JUDGMENT : Heard on the question of admission. 2. This writ petition under Article 227 of the Constitution of India is directed against the order dated 13/8/2013 passed by the Addl. District Judge, Nagod, District Satna on an application filed by the respondent under Section 24 of the Hindu Marriage Act. 3. It is contended by learned counsel for the petitioner that by producing the medical certificate, it was pointed out by the petitioner that he was a man of unsound mind and therefore, was not in a position to make any earning nor was liable to pay the compensation/maintenance to the wife. However, these aspects were neither considered nor dealt with in the order impugned and the application under Section 24 of the Hindu Marriage Act was allowed with a direction to pay Rs.800/- per month as maintenance and Rs.1000/- as litigation expenses to the respondent. According to learned counsel for the petitioner, since the said amount has not been paid regularly, the proceedings have been initiated and a warrant to attach the property of the petitioner is issued. Per contra, opposing the claim made by the petitioner in the writ petition, it is contended by learned counsel for the respondent that the petitioner was called upon to appear before the Medical Board by the trial Court on three-four occasions, but no such medical report was submitted by the petitioner in proof of the fact that the petitioner was a man of unsound mind. 4. The medical certificate produced by the petitioner was not of a competent authority and was not to be looked into. Even otherwise, there was no material available to hold that the petitioner was a man of unsound mind, therefore, order was rightly passed by the trial Court. As such, it is contended that the order impugned, needs no interference by this Court in exercise of power under Article 227 of the Constitution of India. 5. After considering the rival submissions made by learned counsel for the parties and after going through the record and the order impugned, it is clear that no finding is recorded by the trial Judge in respect of the claim made by the petitioner that he is a man of unsound mind. 5. After considering the rival submissions made by learned counsel for the parties and after going through the record and the order impugned, it is clear that no finding is recorded by the trial Judge in respect of the claim made by the petitioner that he is a man of unsound mind. If after direction, the petitioner has failed to produce the medical certificate to that effect, the trial Court was obliged to record a finding in that respect after appreciating other evidence produced by the petitioner. Since not a single finding was recorded in that respect in the impugned order, the order impugned cannot be sustained. 6. In view of the aforesaid, the order dated 13/8/2013 is set aside. The application under Section 24 of the Hindu Marriage Act made by the respondent is restored on the record of the trial Court with a direction to record a finding in respect of the defence taken by the petitioner in his reply to said application and to pass a fresh order on the said application after affording opportunity of hearing to the parties concerned. The writ petition stands allowed to the extent indicated herein above and disposed of finally. However, there shall be no orders as to costs.