IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (M/S) NO. 1947 OF 2010 Devki Nandan Mandoliya ….....Petitioner. Versus Smt. Asha Devi ….…Respondent. Present:- Sri Pawan Mishra, Advocate for the petitioner. Sri Neeraj Garg, Advocate for the respondent. Hon’ble Sudhanshu Dhulia, J. (Oral) The petitioner has filed the present writ petition challenging an interim order of the Family Court, Dehradun dated 21.9.2010, whereby the petitioner’s employer i.e. “Uttarakhand Jal Vidyut Nigam Ltd.” Has been restrained from disbursing the post retiral benefits including the pension to the petitioner. The respondent/wife who is being represented by Sri Neeraj Garg states that the respondent/wife is entitled for maintenance from the petitioner, however, no amount has been paid and, therefore, she was constrained to move an application for withholding the retiral benefits of the petitioner. It is also pointed out that the petitioner has already moved an application before the Family Court for vacating the impugned order dated 21.9.2010. On these set of facts, this writ petition is being decided by the following orders :- It is directed that both the petitioner and respondent, who are husband and wife respectively, shall appear before the Family Court, Dehradun on 2.12.2010 and the Family Court shall dispose of the objections moved as well as the application for vacating the interim order of the court. The Family Court would keep the basic judicial parameters in mind inasmuch 2 such as the pensionary benefits cannot be easily withheld. At the same time, it has also to be looked into that wife should get her legitimate rights from the petitioner inasmuch as she is legally wedded wife of the petitioner. All these aspects have to be looked into by the Family Court. There is also a “settlement”, relied upon by the petitioner, by which ` 5,00,000/-have been paid to the wife. The respondent/wife, however, denies this payment. It is made clear that no interference is being done by this Court and it is directed to the Family Court to hear the objection of the petitioner and pass orders accordingly, in light of what has been stated above. With these observations, writ petition is disposed of. No order as to costs. Let the copy of this order be issued to the parties today itself on payment of usual charges. (Sudhanshu Dhulia, J.) 22.11.2010 Avneet