LATA Vs. DHANPAL

JUDGEMENT

(1.) THIS petition has been filed by one Lata wife of Dhanpal for challenging the order passed by IXth Additional District Judge (Matrimonial Court), Indore dated. 10. 10. 1994 in the matter of Matrimonial Petition No. 96/93 by which her application for pendente lite alimony was dismissed.

(2.) FEW facts need to be stated for the purpose of unfolding the controversy between the petitioner and Dhanpal s/o Chandmal Jain, Oppon. No. 1 which can be enumerated as mentioned below. Petitioner Lata was previously married with one Komalchand Jain and because the spouses were unable to keep cordial relations between them, Lata took the shelter of her parental house. It appears from record that there was a matrimonial petition for divorce between petitioner Lata and said Komalchand Jain and in the result the marriage between Lata and Komalchaand Jain was dissolved on 27. 11. 1992. The record shows that there was no issue during the wedlock between Komalchand and petitioner Lata.

(3.) THE averments made by Dhanpal Jain in his matrimonial petition filed on 16. 3. 193 show that on 24. 5. 1992 he married with Lata in Jain Temple situated in Ghandinagar, Indore. The averments further show that thereafter Lata, Dhanpal started living together in a house like husband and wife. The averments further show that Lata stayed in the said matrimonial home for 8 days and thereafter went to her parental house. 15 days thereafter, Dhanpal brought her to matrimonial home and Lata stayed there till 20. 12. 1992. It has been alleged by Dhanpal Jain that on 20. 12. 1992 she left his house and went to her parents house at Indore. The averments in the matrimonial petition further show that Dhanpal was having two children begotten from his first wife who had expired.