SOUMYA Vs. JOHNY

JUDGEMENT

(1.) The wife has preferred this appeal under S. 55 of Divorce Act, 1869 challenging the dismissal of application under S. 36 thereof in M.C. No. 4066/2013 on the file of Principal Judge, Family Court, Bangalore.

(2.) The husband Mr. Johny filed a petition under S. 18 of the Divorce Act, 1869 against his wife Mrs. Soumya for a declaration that his marriage be declared null and void on the ground set out therein. After service of notice, even before filing the statement of objections to the main petition, the wife filed an application under S. 36 of the Divorce Act for pendente lite alimony of a sum of Rs.15,000/- per month and Rs. 25,000/- towards litigation expenses. The husband did not file any objections to this application. The Family Court, was of view that in the application filed for interim maintenance, the wife has to reveal whether it was her first marriage or second marriage and unless she is lawfully married to the petitioner first time or there was legal termination of the previous marriage, there would be no liability on the part of the petitioner to maintain her and, therefore, it rejected the application as misconceived. It is against the said order, the present appeal is filed.

(3.) The question for consideration is, whether an appeal lies against an interlocutory order passed by the Family Court in the proceedings initiated under the provisions of the Indian Divorce Act, 1869?