SONA Vs. SUBHASH

JUDGEMENT

(1.) THE petitioner before this Court has filed this present writ petition being aggrieved by the order dt. 21/2/2013 (Annexure P/1) passed by the Principal Judge, Family Court, Indore in Hindu Marriage Case No.652/2009. Facts of the case reveal that a divorce petition has been preferred under the provisions of Hindu Marriage Act, 1955 and the same is pending for adjudication before the Principal Judge, Family Court, Indore. During the pendency of the divorce petition, an application was preferred u/S. 24 read with Sec. 26 of the Hindu Marriage Act, 1955 claiming maintenance and other reliefs and the application has been rejected by the trial Court.

(2.) THE contention of the petitioner is that her application has been rejected on a technical ground and she has not been heard at any point of time on merits. Petitioner has further stated that she is facing a divorce petition and she is looking after two school going children. It has also been stated that her elder minor son Rishabh is studying in 12th Standard in Saint Mary Junior College, ISC Board, Pune and the petitioner has to deposit tuition fee and other fees amounting to Rs.32,000/ - per month. It has also been stated that the petitioner is paying a sum of Rs.18,000/ - per month towards school fee and tuition fee in respect of her younger son Vardhan who is student of 10th standard at Saint Mary School, Pune, ICSE Board. It has been further stated that she also needs Rs.30,000/ - for their school dress, stationary, computer, internet and petrol expenses. The petitioner has furnished details of the income of the husband and it has been stated on affidavit that her husband is earning about Rs.2.00 crores per month from various businesses and property and, therefore, a sum of Rs.13.00 lacs per month should be granted to her towards maintenance and daily expenses and a sum of Rs.3.00 lacs per month be granted towards maintenance, educational expenses of her children. She also demanded a sum of Rs.40.00 lacs per month as she wants to send her elder son to United Kingdom for higher studies.

(3.) THE petitioner has raised various grounds before this Court and her contention is that her first application suffered deemed dismissal on 5/7/2011 as she was not present before the Principal Judge on 5/7/2011, as her application for condoning her absence was dismissed. She has further stated that an order was passed on the same day to proceed ex - parte. Petitioner has further stated that thereafter an application was preferred u/S. 24 of the Hindu Marriage Act, 1955 on 28/4/12 along with an application u/S. 151 of the Code of Civil Procedure, 1908 and the same was again dismissed on 28/4/12 on technical grounds. The Principal Judge, Family Court has refused to entertain the application on the ground that earlier the Court has already dismissed the earlier application on 5/7/2011. It has been further stated that being aggrieved by order dt. 28/4/2012, the petitioner came up before this Court by filing a Writ Petition under Article 227 of the Constitution of India and this Court has declined to interfere with the order dt. 28/4/12. The petitioner has thereafter preferred another application u/S. 24 and the same was dismissed on 6/11/2012, again on technical grounds, without considering it on merits. The contention of the petitioner is that her third application was dismissed on 6/11/2012 as she has not provided a translated copy of the application. The contention of the petitioner is that thereafter as she does not have financial means to support herself and her children, again preferred an application on 29/1/13 and the Principal Judge has again dismissed the application on an objection preferred by the husband that earlier applications u/Ss. 24 and 26 of the Hindu Marriage Act, 1955 have already been dismissed.