JAGDISH SINGH SANKHWAR Vs. ARCHANA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution is directed against the order dated 22.6.2012 (Annexure P-1), whereby the Court below has accepted the application of the respondent preferred under Section 24 of Hindu Marriage Act and directed the present petitioner to pay Rs.3000/- per month as interim maintenance. This is an admitted fact between the parties that during the pendency of this petition the Case No. 230A/11 HMA in which interlocutory order Annexure P-1 is passed is finally decided. Against the said judgment, appeal was filed before this Court which has already been dismissed.

(2.) The singular ground of attack of Shri H.K.Shukla is based on (Savitaben Somabhai Bhatiya Vs. State of Gujarat and others, 2005 3 SCC 636), (D. Velusamy Vs. D. Patchaiammal, 2010 10 SCC 469) and judgment of this Court in (Tarachand Vishwakarma Vs. Smt. Pushpa Devi Vishwarkama, 2013 ILR(MP) 956). On the basis of these judgments, it is urged that the petitioner has a living spouse. His earlier wife is already living and the marriage tie with her is still intact. Thus, alleged second marriage with present respondent is a void marriage and no benefit can be claimed on the basis of the said second marriage, which is not legal or lawful.

(3.) Per contra, Shri Vijay Sundaram, learned counsel for the respondent relied on (Mohanlal Vs. Chief Executive Executive Officer,2002 1 MPWN 239). This is relied upon to submit that the writ petition against the interim order becomes infructuous on decision of main case by the trial Court. The interim order stood merged in final order passed by the trial Court.