DILIP SHARMA Vs. PUJA AGARWALA

JUDGEMENT

(1.) Assailing order dtd. 12/12/2023 passed in connection with Misc. Case no. 05 of 2023 under Sec. 24 of Hindu marriage Act, 1955, arising out of Matrimonial Suit no. 146 of 2018 passed by Additional District Judge, 2nd Court Siliguri, present Application has been preferred. By the order impugned learned Court below passed an order of alimony pendent lite of Rs.30,000.00 from the date of appearance of the petitioner in favour of wife/opposite party herein. It is submitted on behalf of the petitioner that the petitioner and the opposite party herein were wedded in accordance to law on 2/5/2014 and thereafter the said marriage was consummated. However the matrimonial pursuit did not last long. It is further stated by the petitioner that within 27 days of the solemnization of the said marriage, opposite party herein voluntarily left her matrimonial house without any intimation on 29/5/2014. Along with her she also carried away all the gold ornaments, personal belongings, that were provided to her in the marriage, from the family of the petitioner.

(2.) The petitioner further submits that he lodged missing diary and thereafter he also discovered from the mobile phone of the opposite party that she was earlier married with one Prabin Agarwala, hailing from Biratnagar, Nepal on 23/1/2013 and suppressing the said marriage, she had married the petitioner for the second time without dissolving the earlier one. Petitioner initiated criminal proceeding under Sec. 494/420/120B of IPC and the charge sheet has also been submitted in the said case. The petitioner herein filed a suit for declaration of marriage as void but said suit was dismissed exparte on the ground of want of jurisdiction. The petitioner herein thereafter filed present Matrimonial Suit, i.e. Mat Suit No. 146 of 2018 under Sec. 11 of the Hindu Marriage Act seeking for a declaration that the marriage between the parties is void ad initio.

(3.) In the said proceeding the opposite party herein/wife appeared and filed an application under Sec. 24 of the Hindu Marriage Act which is registered as Misc. Case No. 5 of 2023. As per direction of the Court both the parties filed affidavit of assets and liabilities and the Court below by the impugned order directed the petitioner to pay alimony pendent lite at the rate as stated above.