USHA DEVI @USHA KUMARI Vs. TEJPAL

JUDGEMENT

(1.) Prayer in this application under Section 24 of the Hindu Marriage Act, 1955 (for short, "Act") is for grant of maintenance allowance to the applicant-wife to the extent of Rs.15,000/- per month from the respondent- husband.

(2.) Brief facts of the case are that the marriage of applicant-wife with respondent-husband was solemnized on 07.03.2011. After the marriage, both were residing together and their marriage was consummated, but out of wedlock no child was born. The applicant-wife started maltreating and quarrelling with respondent-husband as well as his parents and left the matrimonial home without his consent. The applicant-wife had also levelled false allegations against her husband and her in-laws. She also extended threats to lodge a false case against them. Hence, the respondent-husband filed the petition seeking divorce on the ground of cruelty and desertion, which was accepted and decree of divorce on the ground of cruelty under Section 13(1)(ia) of the Act was granted in favour of the respondent-husband and against the respondent-wife vide judgment and decree dated 07.07.2017. Aggrieved against the aforesaid judgment and decree dated 07.07.2017, the applicant-wife has preferred the appeal before this Court, which is pending adjudication.

(3.) Learned counsel for the applicant-wife submits that the applicant- wife is staying with her old aged parents and is not having any source of income. She is totally dependent upon her parents for her daily needs,whereas, the respondent-husband is leading a luxurious life with all facilities as he is employed in Indian Army.