MANJEET SINGH Vs. PARSON KAUR

JUDGEMENT

(1.) FOR the purpose of deciding this application under Section 24 of the Hindu Marriage Act (for short 'the Act'), the skeletal necessary facts are that the applicant-respondent sought annulment of marriage with the appellant under Section 11 of the Act and prayed that marriage of the applicant-respondent with the appellant be declared as nullity as the husband had a living spouse when the respondent was married to him.

(2.) THE trial Court found that the husband was already married; that the marriage was subsisting; and that the spouse was alive at the time of alleged marriage with the applicant-respondent. Thus, the applicant's marriage was declared to be void.

(3.) THE appellant has challenged the decree of declaration declaring the marriage to be a nullity in this appeal. The applicant-respondent has preferred an application under Section 24 of the Act claiming maintenance pendente lite and expenses of the proceedings in this appeal. She claimed herself to be the wife and averred that she bad no independent income sufficient for her support and for necessary expenses in the proceedings. The husband was said to be earning about Rs. 2,000/- per month being in service, though the husband has denied the fact contending that he was under suspension and was drawing only subsistence allowance.