NIHARIKA GHOSH Vs. SHANKAR GHOSH

JUDGEMENT

(1.) The appellant/ wife has challenged the Order dtd. 3/9/2019 of learned Principal Judge, Family Courts, dismissing her application for maintenance under Sec. 24 of Hindu Marriage Act, 1955.

(2.) The appellant/ wife had got married to the respondent/ husband on 21/4/2014, but on account of incompatibility and differences, they were not able to continue in their matrimonial relationship leading to filing of a Divorce Petition under Sec. 13 (1)(ia) by the respondent/husband. The appellant was working till then, but after the filing of the Divorce Petition she resigned from her job on 22/5/2015. The matter was amicably settled and the Divorce Petition was withdrawn on 6/2/2016. However, a police complaint was filed by the appellant on 6/5/2016 thereby reflecting that the parties were unable to settle in their matrimonial relationship.

(3.) The Respondent filed the second Divorce Petition under Sec. 13 (1)(ia) of HMA, 1955 against the appellant on 24/5/2016. During the trial the appellant filed an application under Sec. 24 of HMA which was dismissed vide order dtd. 8/8/2018. Aggrieved an appeal was preferred before this Court and the matter was remanded back for readjudication vide Order dtd. 28/3/2019.