EKTA SHARMA Vs. DEEPAK SHARMA

JUDGEMENT

(1.) THE appellant wife has preferred this appeal under Section 28 of Hindu Marriage Act, 1955 challenging the order dated 01.11.2013 passed by the Principal Judge, Family Court, Gwalior in Case No. 25 -A/2012 (HMA).

(2.) THE brief facts just necessary for the decision of this appeal is that the marriage of the appellant and the respondent was solemnized on 10.2.2000 at Gwalior observing the Hindu customs. Appellant had filed a Suit under Section 13B of Hindu Marriage Act, 1955, numbered as 149 -A/2006 MHA for a decree of divorce by mutual consent. This application was decided on 17.11.2006 and a decree of divorce was granted.

(3.) THE appellant filed an application under Section 25 of the Hindu Marriage Act, 1955, on 26.09.2011 for grant of alimony @ 5000/ - rupees per month. In this proceeding, an application under Section 151 C.P.C. was filed by the respondent/non -applicant claiming that on the basis of a consent decree their marriage was dissolved. The proceeding under Section 125 C.P.C. pending before the Judicial Magistrate First Class, Ambah, was also rejected on 6.7.2011. In this background, the present petition for alimony is not maintainable. The learned Trial Court after hearing both the parties allowed the application under Section 151 C.P.C. and observed that after five years of the consent decree for divorce, this application has been filed, the consent decree was not challenging within 30 days, hence, this application for maintenance is not tenable.