RAJESH GUPTA Vs. MOHINI GUPTA

JUDGEMENT

(1.) He is heard on the question of admission.

(2.) The petitioner/plaintiff/husband, has filed this petition under Article 227 of the Constitution of India, being aggrieved by the order dated 27.6.2013, passed by IInd Additional District Judge Mandla, in Hindu Marriage case No.11/12, whereby in a proceedings of the plaintiff filed under Section 13 of the aforesaid Act, the application of the respondent/wife filed under Section 24 of the same Act, has been allowed and the petitioner has been directed to pay Rs.5,000/- per month, as interim alimony till disposal of the suit.

(3.) Petitioner's counsel after taking me through the averments of the petition as well as the papers placed on record along with the impugned order argued that, the impugned petition has been filed for declaring the marriage to be abinitio void, because the respondent was a lady of mental disorder from the date of marriage but by concealing such fact, she was married with the petitioner so in such premises, even in pendency of the impugned case, the respondent-wife is not entitled to get any interim alimony as awarded by the trial Court but under the wrong premises the impugned order has been passed and prayed for dismissal of the application of the respondent by setting aside the impugned order by admitting and allowing this petition.