SHILPA AGARWALLA Vs. NAVEEN TAYAL

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned Senior Counsel, assisted by Ms. Bijita Sarma, learned counsel appearing for the petitioner as well as Ms. P. Choudhury, learned counsel appearing for the respondent.

(2.) By filing this application under Art. 227 of the Constitution of India, the petitioner has challenged the order dated 17.08.2016 passed by the learned Principal Judge, Family Court, Guwahati in Misc. (J) Case No. 160/15 arising out of F.C.(Civil) Case No. 548/15, filed under Sec. 24 of the Hindu Marriage Act, 1955.

(3.) The case as revealed from the record is that the parties are estranged wife and husband. They were married on 29.01.2005. A daughter was born out of the marriage. On the allegation that the petitioner was compelled to live a miserable life, in the month of June, 2013, the petitioner had to leave her matrimonial home with her minor daughter. She had gone to Bangaluru and started to live there with her daughter. On receipt of notice in F.C.(Civil) Case No. 548/15, the petitioner entered appearance. By filing Misc. (J) Case 160/15 under section 24 of the Hindu Marriage Act, 1955, the petitioner claimed maintenance for herself and her minor daughter.