Hilda Basant Lal vs Basant Lal on 9 November, 1993

    Hilda Basant Lal vs Basant Lal on 9/11/1993

JUDGMENT

   P.N. Nag, J.

   (1) In the petition under Sections 22 and 23 of the Indian Divorce Act.
(hereinafter referred to as the Act), the petitioner (wife)has prayed for
judicial separation and also for grant of permanent alimony under Section 37 of
the Act, to the extent of Rs. 60 lakhs, which would be about half of the
respondent's income.

   (2) Along with the petition under Sections 22 and 23 of the Act, the
petitioner has also filed the present application, being Ia 12407/92, under
Sections 27 and 28 of the Act, seeking restraint order against the
respondent(husband) from selling, renting out or alienating in manner the
propertyNo. X-37, Green Park, New Delhi 110016.

   (3) On 1-10-1992, when the matrimonial reference and Ia 12407/92came up for
preliminary hearing, this Court passed the following order on this Ai 12407/92.

     "IN the meanwhile, the respondent is restrained from alienating or
transferring in any manner property bearing No. X-37, GreenPark, New Delhi. The
respondent will also not interfere in the use and occupation of the said
property by the petitioner."

   Reply to the application, Ia 12407/92, has been filed. Counsel for the
applicant-petitioner states that the rejoinder to the reply has also been
filed.However, the same is not on record. Counsel for the applicant-petitioner
will check up with registry and have the same placed on record.I have heard the
learned Counsel for both the parties at length.

   (4) There is no averment at all in the application or the rejoinder that the
petitioner was residing in X-37, Green Park, New Delhi on 1-10-1992when the
interim order was passed by Arun Kumar, J. It appears from the reply that the
petitioner has shifted to House No. 33, Line 18 Block C, Enclave, Phase I,
Gurgaon and on 1-10-1992 she was not in use and occupation of the said property.
Therefore, no interim order can be passed against the respondent insofar as this
particular aspect is concerned.

   (5) The petitioner has asked for permanent alimony under Section 37of the Act
and in case she succeeds in getting the order of judicial separation under
Sections 22 and 23 of the Act, in her favor and against the respondent, the
petitioner will be entitled to the grant of permanent alimony.Therefore, there
should be left some security in the form of immovable properties or otherwise
which should be sufficient and adequate enough for the grant of permanent
alimony under Section 37 of the Act and that afore-mentioned house in Green Park
can be adequate security for the petitioner in case it is granted by the Court.

   (6) Dr. B. Singh, learned Counsel for the respondent, submits that Sections
27 & 28 of the Act under which interim order has been sought for,are not
applicable in the present facts and circumstances of the case and,therefore, no
interim order can be passed by this Court.

   (7) It is not necessary to decide this question. It is settled principle of
law that every Court has inherent power to grant relief during the pendency of
the proceedings if the interest of justice so requires. Therefore, this
contention of the learned Counsel for the respondent fails.

   (8) At this stage, learned counsel for the respondent submits that the
respondent is prepared to give an undertaking to the Court to the effect that be
will not alienate the aforesaid property. Let the statement of the respondent,
who is present in Court today, be recorded.Statement of Col. Basant Lal (Retd.),
son of late Shri Moti Lal,aged 73 years, resident of X-37, Green Park, New Delhi
110016 on solemn affirmation.It undertake to the Court that I will not transfer
or alienate in any manner the property No. X-37, Green Park, New Delhi 110016.

   (9) In view of the undertaking given to (his Court by the respondent today
that he will not transfer or alienate in any manner the propertyNo. X-37, Green
Park. New Delhi-110016 and what it discussed above, in my opinion there is no
necessity for passing any order on this application which stands disposed of.
Interim order passed on 1-10-1992 shall also standvacated.