ASHOKKUAMR M DESAI Vs. SONALBEN ASHOKKUMAR DESAI

JUDGEMENT

(1.) AGAINST an order passed under Section 24 of the Hindu Marriage Act (for short the Act ) awarding expenses pendente lite to the respondent - since deceased in H.M.P. No. 67 of 2004 in the Court of learned Civil Judge (SD), Sabarkantha, Himmatnagar awarding expenses to the petitioner and children of the petitioner and the respondent, the petitioner -husband is before this Court.

(2.) THE case of the petitioner is that the deceased Sonalben, after suppressing the fact about her two previous marriages, contracted marriage with the petitioner and that her ex -husband Mr.Jayeshkumar Madhusudan Joshi on the very same ground had obtained a divorce in HMP No. 65 of 2002.

(3.) DURING the pendency of HMP, an application under Section 24 of the Act was moved by the respondent seeking monthly maintenance of Rs.8,000/ - for herself and her children. Unfortunately, one of the child Brijesh died on 3rd April, 2005 . However, it is alleged that the respondent in the Execution petition added daughter Nilamben as one of child born to her out of the wedlock with Jayeshkumar M.Joshi, though no maintenance was awarded to Nilamben. A grievance was made that the deceased used to contract marriages with different persons after suppressing the material facts and thus cheated the petitioner. After death of Sonalben, her relatives have continued to unlawfully occupy his property.