GUZARI BAI Vs. SHAMBHU SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 1.8.95 passed by 1st Addl. District Judge, Mandsaur, in H.M.A. No. 9/94, whereby the petitioner's application for interim maintainance under S. 24 of the H.M. Act has been rejected.

(2.) THE petitioner claims to be the married wife of non -petitioner by way of "Gandharva Vivah". Section 5 of Hindu Marriage Act prescribes ceremony of marriage and, therefore, the marriage has to be celebrated as per the provisions of law. There is no provision of 'Gandharva Vivah' under Hindu Marriage Act. In such a situation the petitioner is not a wife under strict terms of law. Under these circumstances she is not entitled to any maintenance u/s. 24 of the H.M. Act.

(3.) IN the facts and circumstances stated above, this Court finds no substance in this revision. It is, therefore, dismissed. Parties shall bear their own costs.