SHRIMATI SUMEDHA NAGPAL Vs. GAURAV NAGPAL

JUDGEMENT

(1.) IA No.6848/2000 (u/S 151 CPC for interim maintenance) in CS (OS) No.1844/2000 The plaintiff has filed a suit under Section 18 of the Hindu Adoption and Maintenance Act and pending final adjudication of the suit, the present application has been filed for interim maintenance.

(2.) The parties were married on 14.10.1996 and have a child from the marriage. The differences arose between the parties which has resulted in multifarious legal proceedings including on account of allegation of demand of dowry and over the custody of the minor child. The plaintiff has, in fact, alleged that the defendants and his family did not even disclose that the defendant had gone through an earlier divorce about three to four months after the marriage. The custody of child has also produced acrimonious litigation between the parties and it is the allegation of the plaintiff that the defendant is deliberately keeping away the child and poisoning his mind against the plaintiff and despite the orders passed by the competent courts the defendant is even obstructing and violating the orders related to visiting rights of the plaintiff.

(3.) The plaintiff has alleged that the defendant has treated her with cruelty and she was constantly taunted by the defendant and his relatives about the lack of dowry. The plaintiff alleges maltreatment and physical violence and that the plaintiff was asked to leave the house late at night when her father was admitted to the hospital for a by-pass surgery. Some attempts are stated to have been made by the plaintiff to again bring back the position to normal but once again after some time she was turned out of the matrimonial home.