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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6442 OF 2011

JASBIR KAUR APPELLANT(S)                                 VERSUS

SATBIR SINGH RESPONDENT(S)

J U D G M E N T KURIAN, J.

The appellant approached this Court, aggrieved by the order dated 25.11.2009 passed by the High Court of  Punjab  and  Haryana  at  Chandigarh  in  F.A.O. No.276-M of 2005, whereby the marriage between the appellant  and  the  respondent  was  dissolved  by  a decree of divorce. 2. Since the appellant was appearing in person, we sought the assistance of Mr. Rana Mukherjee, learned senior counsel as Amicus Curiae. 3. After hearing the parties and the learned amicus curiae, this Court on 10.08.2016 passed the following order:

“Both the parties are present in Court

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today. We  have  heard  learned  Amicus  Curiae

appearing for the appellant-wife as well as learned counsel appearing on behalf of the respondent-husband.

It is very clear that the parties are no more interested in maintaining their relationship.  The only question left for consideration  is  whether  decree  of divorce  as  granted  by  the  High  Court should be disturbed or not.

Having heard learned counsel for both the  parties,  we  are  of  the  view  that decree  of  divorce  granted  as  per  the impugned order passed by the High Court should be affirmed.

However,  we  are  informed  that  the question  of  interim  maintenance  is pending before the District Judge/Family Court,  Jalandhar,  Punjab.   It  is  seen from  the  proceedings  that  neither  the District Judge/Family Court nor the High Court has addressed the issue of alimony. Therefore,  we  direct  the  District Judge/Family Court, Jalandhar, Punjab to conduct  an  inquiry  with  regard  to  the permanent alimony and pass an order in that regard and also conclude the pending proceedings  on  maintenance  positively within a period of three months from the date of production of copy of this order by  either  side  before  the  District Judge/Family Court, Jalandhar, Punjab.

Both  the  parties  are  directed  to appear  before  the  District  Judge/Family Court, Jalandhar, Punjab on 29th August, 2016 at 11.00 a.m.

The  District  Judge/Family  Court, Jalandhar, Punjab is directed to forward a copy of the order thus passed, within the aforesaid period, to this Court.

In  view  of  the  fact  that  the respondent  has  appeared  in  Court,  the warrant issued for securing his presence is recalled.

Post this matter after four months.”

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4. The  appellant  has  filed  an  interlocutory application praying that the inquiry on alimony may be conducted either by the High Court or this Court. The inquiry regarding the alimony is to be conducted by the Family Court and not by the High Court or this Court.   We  have  already  directed  the  Court  of competent  jurisdiction,  namely,  the  Family  Court, Jalandhar, Punjab to conduct the appropriate inquiry and pass the required orders. 5. In that view of the matter, nothing survives to be adjudicated in this appeal.  The appeal is hence disposed of in terms of the order extracted above and with a further direction to the District Judge/Family Court, Jalandhar, Punjab to pass final orders on the directions  issued  by  this  Court  regarding  alimony, within  a  period  of  three  months  from  the  date  of production of a copy of this judgment before the   District Judge/Family Court by the appellant. 6. We place on record our deep appreciation for the

assistance  rendered  by  Mr.  Rana  Mukherjee,  learned

senior counsel, as Amicus Curiae.   

7. Pending  application(s),  if  any,  shall  stand disposed of.

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8. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [A.M. KHANWILKAR]  

NEW DELHI; JANUARY 24, 2017.

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