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2018 DIGILAW 801 (RAJ)

VINOD KUMAR SHARMA v. NEHA SHARMA

2018-03-20

G.R.MOOLCHANDANI, PRADEEP NANDRAJOG

body2018
JUDGMENT AND ORDER 1. D.B. Civil Misc. Application No.709/2018: For the reasons stated in the application delay in filing the appeal is condoned. The application is allowed. D.B. Civil Misc. Appeal No.1393/2018: Impugned order dated 17.07.2017 disposing of respondent's application under Section 24 of the Hindu Marriage Act, 1955 fixes monthly maintenance in sum of Rs. 10,000/- and Rs.400/- per hearing. No reasons have been given as to why said sum towards maintenance has been fixed. The fate of the non reasoned order stares this Court in its face. After serving the respondent the order would have to be set aside with a direction to the learned Judge, Family Court to discuss the pleadings of the parties and the material placed on record regarding income of each spouse and pass a reasoned order. 2. Thus, we dispose of the appeal setting aside the impugned order dated 17.07.2017 without notice to the respondent. Application under Section 24 of the Hindu Marriage Act, 1955, filed by the respondent is restored with a direction to the learned Judge, Family Court to decide the same afresh and while so doing take note of the pleadings of the parties and the material they have placed on record to decide the application. 3. The application shall be decided within two months of receipt of the present order by the learned Judge, Family Court.