MEERA Vs. YOGESH KUMAR

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of the learned court below whereby petition filed by the appellant-wife under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act") for divorce, on the ground of cruelty, was dismissed.

(2.) Briefly the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 7.6.2002 at Panipat. After the marriage, the parties resided at their matrimonial home at Delhi. The marriage was consummated but no child was born out of the wedlock. It was alleged that after some time of the marriage, the respondent started harassing and beating the appellant on account of bringing less dowry. She lodged FIR No. 130 dated 14.3.2006 under Sections 498-A, 323, 342, 406, 506 IPC. Thereafter she filed petition for divorce. The respondent filed reply to the petition. The learned court below after considering the evidence on record, dismissed the petition filed by the appellant-wife for divorce vide judgment dated 26.5.2008. Aggrieved against the judgment of the learned court below, the appellant-wife filed appeal before this court.

(3.) During the pendency of the appeal, the wife filed application under Section 24 of the Act for grant of maintenance pendente lite, as also the litigation expenses. Upon notice, the application was contested by the respondent-husband. The said application was allowed by this Court vide order dated 14.7.2009, while granting Rs. 1,000/- per month as maintenance pendente lite from the date of filing of application and Rs. 5,500/- as litigation expenses.