ANUPAMA PANDEY Vs. ASHUTOSH PANDEY

JUDGEMENT

(1.) This appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against the order dated 13.05.2010, passed by Judge, Family Court, Udham Singh Nagar, in Matrimonial Case No. 244 of 2007, whereby said court has dismissed the petition of the Appellant moved under Section 25 and 27 of Hindu Marriage Act, 1955.

(2.) Heard learned Counsel for the parties, and perused the lower court record.

(3.) Brief facts of the case, are that, the Appellant Anupama got married to Respondent Ashutosh Pandey on 09.07.2000. Two children were born out of the wedlock on 10.07.2003 in Holland, where the Appellant and the Respondent lived together for sometime. It appears that after the parties came back to India in February 2004, their relations soured. In the year 2005 the husband filed a divorce petition before the Judge Family Court Udham Singh Nagar. While said petition was pending against the Appellant, she moved an application under Section 25 and 27 of Hindu Marriage Act, 1955, claiming alimony and return of Stridhan. She pleaded that her parents spent 15 lacs in the marriage, which included 3 lacs as value of the articles given to her, and 2 lacs spent in purchasing jewelery and 3 lacs cash. She further pleaded that since her husband is keen to get the decree of divorce, it would be difficult for her to maintain herself and her children. Hence the petition.