PAYAL AGRAWAL Vs. DEEPAK GARG

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner for quashing of the orders dated 25.05.2009 and 14.10.2009 passed by Additional District Judge, Mathura, Annexure -7 & 14 to the writ petition respectively, wherein application moved by petitioner contending therein that proceedings under Sec. 26 of Hindu Marriage Act 1955 are not maintainable, has been rejected and further prayer for examining the minor child has been rejected.

(2.) Brief background of the case is that marriage of sole petitioner with sole respondent was solemnised as per Hindu Rites and Customs on 20.11.2003 and one daughter was born of said wedlock on 21.08.2004. It appears that there was matrimonial discord on account of which petitioner started living with her father. Deepak Garg, husband of petitioner filed petition under Sec. 9 of Hindu Marriage Act for passing the decree of restitution of conjugal right against the petitioner in the court of Civil Judge (S.D.) Mathura on 22.04.2008 which was registered as Matrimonial Petition No. 144 of 2008. Petitioner submits that thereafter on account of intervention of relatives and respectable persons the joint petition for dissolution of marriage under Sec. 13 -B of the Hindu Marriage Act was filed which was registered as Marriage Petition No. 193 of 2008(Smt. Payal Garg v/s. Deepak Garg) in the court of Additional District Judge, court No. 9 Mathura on 28.05.2008. In the said case parties to the dispute have filed their respective affidavit on 28.05.2008 in support of their joint petition under Sec. 13 -B of the Hindu Marriage Act. Said joint petition was allowed and marriage in question was dissolved vide judgment and decree dated 12.12.2008. Husband Deepak Garg on 02.01.2009 moved an application terming the same to be under Sec. 26 of the Hindu Marriage Act for issuing direction to petitioner to permit him and his parents to meet periodically Km. Tulsi and to offer gifts as and when required.

(3.) During the pendency of the aforesaid application two other applications were filed supported with affidavits for furnishing therein the details of investment of Rs. five lacs given to minor Tulsi and furnish details of education and health of minor Tulsi. Petitioner objected to by filing application dated 08.05.2009 by contending therein that application under Sec. 26 of Hindu Marriage Act was not maintainable and it was motivated application. To the said application so filed husband Deepak Garg filed objection on 12.05.2009 and then on 25.05.2009 Additional District Judge, Mathura rejected the application dated 08.05.2009 by holding that provision of Sec. 26 of Hindu Marriage Act, are applicable even after dissolution of marriage under Sec. 13 -B of Hindu Marriage Act. Petitioner submits that against the same she preferred appeal and same was got dismissed as withdrawn on 29.06.2009. Petitioner filed reply to the said application filed by respondent -husband contending therein that respondent is not entitled to even see, and what to say to meet Km. Tulsi after consent decree of dissolution of marriage of the parties has been passed on 02.07.2009. To the said application also objections were filed to which rebuttal was also filed and thereafter application was moved by petitioner requesting therein to examine the minor daughter of petitioner in court. To the said application objections were filed and said has also been rejected. At this juncture present writ petition has been filed assailing the validity of aforesaid two orders.