NISHITA SINGH Vs. ABHISHEK SINGH TOMAR

JUDGEMENT

(1.) This appeal is preferred against the order dtd. 21/1/2019 passed by the Family Court by which the application filed by the appellant/wife for grant of maintenance pendente lite and litigation expenses has been rejected.

(2.) Shorn of unnecessary details, suffice to mention relevant factual matrix is that the respondent/husband filed a petition under Sec. 11 of the Hindu Marriage Act, before the Family court for annulment of marriage on the ground that his marriage with Smt. Nishita Singh (appellant herein) is void because on the date of their marriage, she already had a subsisting marriage and living spouse.

(3.) When the wife moved an application for grant of maintenance under Sec. 24 of the Hindu Marriage Act, learned Court below rejected the same outright by the impugned order, going into the pleadings of the parties and giving its opinion on merits of the case that prima-facie the present case appears to be a case of second marriage as it was solemnized when the appellant had a living spouse.