RAJESH Vs. PRATIBHA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

(2.) The present petition is filed by the husband challenging the order dtd. 13/10/2023, passed in Hindu Marriage Petition No.64/2019 by the Civil Judge, Senior Division, Khamgaon, below Exhibit-20 the application under Sec. 24 of the Hindu Marriage Act, 1955 (for the sake of brevity 'HM Act').

(3.) The petitioner filed Hindu Marriage Petition No.64/2019 against the respondent wife for declaring their alleged marriage dated 08. 01.2013 as null and void, since the earlier marriage of respondent with one Ganesh Rathod was in existence on the date of their marriage. On 1/9/2022, the respondent filed an application under Sec. 24 of the HM Act for interim maintenance below Exhibit-20 and prayed for maintenance of Rs.10,000.00 per month. The petitioner filed his reply to the application under Sec. 24 of the HM Act. It is his contention in reply that the complaint filed under the Protection of Women from Domestic Violence Act, 2025 (for the sake of brevity 'PWDV Act') No.31/2021, which came to be dismissed by the learned Judicial Magistrate, First Class, Jamner. Similarly, Misc. Criminal Application No.157/2021 filed by the respondent under Sec. 125 of the Code of Criminal Procedure, 1973 (for the sake of brevity 'Cr.P.C.) also came to be dismissed on the ground that the respondent is not the legally wedded wife of the petitioner since her earlier marriage had not been dissolved by decree of divorce.