SAVITA DEVI Vs. JITENDRA GAUTAM

JUDGEMENT

(1.) The appeal has been preferred by the wife against judgment dtd. 3/5/2025 of the Family Court dismissing her application under Sec. 24 of Hindu Marriage Act, 1955, for maintenance pendente lite and expenses of proceedings. Respondent-husband had filed petition in the Family Court to declare the marriage void on ground that it contravened clause (i) in Sec. 5. It is during pendency of the husband's petition that appellant had filed for maintenance.

(2.) The Family Court upon hearing the parties and going through the documents on record found appellant to have been guilty of concealment regarding previous marriage, to cause doubt, due to which it was not appropriate to give maintenance amount under Sec. 24. The learned Judge said that appellant's previous marriage ended only on 15/4/2024.

(3.) Mr. Arun Kumar Tripathi, learned advocate appears on behalf of appellant and submits, there was long association between appellant and husband. The husband cannot feign ignorance regarding knowing everything about his client. After long relationship, the marriage was solemnized on 10/2/2021 at Jhansi, according to Hindu customs and rituals. After the marriage, his client came to live with respondent in Kanpur Nagar, where respondent works in the Police, earning, according to his client, Rs.65,000.00 per month. He also has his own building material supply shop. As such, Rs.20,000.00 per month maintenance his client needs and is entitled to get.