VINOD KUMAR KEJRIWAL Vs. RANJANA VINODKUMAR KEJRIWAL

JUDGEMENT

(1.) HEARD .

(2.) BY the impugned order dated 12.1.99 the Family Court has directed the petitioner to pay Rs.4000/- per month as maintenance pendente lite to respondent herein from the date of the application i.e. 6.12.97. The said order is under challenge in the writ petition. The learned counsel for the petitioner has raised two fold contentions, namely, (i) that since the main petition has been filed by the wife seeking declaration that her marriage with the present petitioner was nullity and void, the application for interim maintenance under section 24 of Hindu Marriage Act was not maintainable and (ii) that interim maintenance even if could be awarded to writ in such situation, could only have been awarded from the date of the order and not from the date of the application.

(3.) IN view of the legal position laid down by this Court in the abovestated case, I do not have to deal with the matter further and suffice it to observe that the application under section 24 for maintenance during pendency of the Matrimonial Petition for declaration of marriage as void was maintainable and has rightly been entertained by the Family Court. The first contention raised by the learned counsel for the petitioner, therefore, has no merit.