RASHMITA PATEL, Vs. VIVEKANAND PATEL

JUDGEMENT

(1.) This writ petition has been brought under Article 227 of the Constitution of India, against the order dated 16.12.2019 (Annexure P/1) passed by the learned Principal Judge, Family Court, Raigarh in Civil M.J.C. No. 46/2019, dismissing the application filed by the petitioner under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act, 1955").

(2.) It is submitted by learned counsel for the petitioner, that the respondent in fraudulent manner obtained decree of divorce in Civil Suit No. F-66-A/2017, in which, the divorce was granted on mutual consent. The petitioner having First Appeal (Misc.) No. 250/2018, which has been disposed of vide order dated 24.09.2019, in which, the petitioner was granted liberty to file application under Section 151 of the C.P.C. to challenge the decree of divorce mentioned hereinabove. The petitioner has then, filed an application under Section 151 of the C.P.C., which has been registered as Civil M.J.C. No. 46/2019. It was in this proceeding, the petitioner moved an application under Section 24 of the Act, 1955, praying for grant of maintenance during pendency of the proceeding and the same has been dismissed by the impugned order.

(3.) It is further submitted that the proceeding under Section 151 of the C.P.C. is outcome of the proceeding of divorce, which was filed under the provisions of the Act, 1955. Therefore, the petitioner had entitlement for such maintenance during pendency of the proceeding.