NEETA Vs. PANKAJ SARAGOI

JUDGEMENT

(1.) By way of the present revision petition, the petitioner-wife seeks setting aside of the judgment dtd. 15/12/2023 [hereafter 'impugned judgment'], passed by the learned Principal Judge, Family Court, North-West District, Rohini, Delhi [hereafter 'Family Court'] in New Mt. No. 56116/2016.

(2.) Briefly stated, the marriage between the petitioner and the respondent was solemnized on 2/7/2007 at Delhi. It is alleged that the petitioner was subjected to cruelty and harassment on account of dowry demands, which ultimately compelled her to leave the matrimonial home. She claims to have no independent source of income and alleges that the respondent made no provision for her maintenance. Consequently, she was constrained to file a petition under Sec. 125 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'], seeking monthly maintenance of Rs.25,000.00. It is her case that the respondent earns more than Rs.50,000.00 per month and leads a luxurious lifestyle.

(3.) The petitioner also filed a petition under Sec. 12(1)(a) of the Hindu Marriage Act, 1955 [hereafter 'HMA'] on 08.04.2009seeking annulment of the marriage, which was registered as HMA No. 222/2009 before the District & Sessions Court, Rohini. Alongside, she moved an application under Sec. 24 of HMA seeking interim maintenance of Rs.50,000.00 per month and Rs.55,000.00 towards litigation expenses. The respondent filed a preliminary objection alleging that the marriage could not be consummated due to the petitioner's conduct. The learned Family Court dismissed her application for interim maintenance on 5/10/2009. However, the petitioner challenged the said dismissal before this Court, which allowed her petition on 31/3/2011 and directed the respondent to pay interim maintenance of Rs.12,500.00 per month from the date of the application. In the annulment petition, the respondent failed to appear and was proceeded ex parte on 11/5/2011, following which the learned Family Court, vide judgment dtd. 6/1/2012, declared the marriage null and void. The said judgment has attained finality as it was not challenged by the respondent.