NAVDEEP KAUR Vs. DILRAJ SINGH

JUDGEMENT

(1.) THE question of law raised in this revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') is whether a wife divorced under the customary law is entitled to claim maintenance from her husband to whom she married subsequent to the divorce. The wife petitioner aggrieved by the order dated 14.5.2001 passed by the Additional District Judge, Amritsar declining her application under Section 24 of the Hindu Marriage Act, 1955 (for brevity, 'the Act') has approached this Court by filing the present revision petition.

(2.) BRIEF facts of the case which led to the filing of the present petition are that the wife petitioner filed an application under Section 11 of the Act being HMA No. 140 of 2000 against the husband-respondent levelling allegations that at the time of their marriage in March 1996 the husband-respondent has a spouse living at that time and, therefore, the marriage between the wife- petitioner and husband-respondent was a nullity. She has further stated in her application under Section 11 of the Act that one male child was born on 4.8.1999. The fact that husband-respondent had a spouse living at time of marriage came to the knowledge of wife-petitioner on 8.9.2000. It is further averred that divorce has been granted by dissolving that marriage only on 10.5.1999. Therefore, it has been alleged that the marriage between the wife- petitioner and the husband-respondent in March 1996 was in contravention of the provision of sub-section (1) of Section 5 of the Act.

(3.) I have heard Shri Kanwaljit Singh, learned counsel for the wife-petitioner and Shri P.S. Garaya, learned counsel for the husband-respondent.