PUSHPA KATHJU Vs. AMIT MOHAN S DAHIYA BADSHAD

JUDGEMENT

(1.) The petitioners have filed this petition as indigent persons for the grant of maintenance at the rate of Rs.15,000.00 p.m. For the period October 1993 to February 1995, a sum of Rs.2,55,000.00 has been claimed in the petition. This order will dispose of the application filed by the petitioner for the grant of interim maintenance till the matter is finally decided by the Court. The facts giving rise to the petition are : -

(2.) The petitioner No.1 and respondent were married in accordance with Hindu Rites on October 21, 1977. From the wedlock of the parties, petitioner Nos.2 and 3 were born on October 25; 1983 and February 14, 1990. The parties could not reconcile with each other as a result of which they separated. Since about October, 1993 parties are living separately. In November, 1993 the parties filed a petition under Section 13 (1) (B) of the Hindu Marriage Act for dissolution of marriage by mutual consent by a decree of divorce. The statement of the parties was recorded by the Court on November 12; 1993. After the statement was recorded, the Court passed an order that in view of the provisions of Section 12-B (ii) of the Hindu Marriage Act, the marriage of the parties cannot be dissolved before the expiry of six months. During this period of six months, the parties were advised to make attempts to resolve their differences and in case the differences proved to be irreconcilable, the parties were given liberty to revive the application by moving a second motion petition under Section 13-B(ii) of the Act after the expiry of six months but before the lapse of 18 months from the date of filing of that petition. The parties, however, did not file a second motion petition under Section 13-B (ii) of the Act and consequently the marriage has not been dissolved by a decree of divorce.

(3.) Along with the petition in the Court of Additional District Judge, the parties had also filed an agreement, terms of which were as under :-