SONIA Vs. VINOD KUMAR

JUDGEMENT

(1.) Sonia has filed the instant civil revision under Art. 227 of the Constitution of India assailing order dated 10.04.2010 (Annexure P-1) passed by learned Additional District Judge, Karnal on application filed by the petitioner under Sec. 24 of the Hindu Marriage Act, 1955 (in short, the Act).

(2.) Divorce petition under Sec. 13 of the Act filed by respondent-husband against the petitioner-wife was allowed ex parte and their marriage was dissolved by ex parte judgment and decree dated 10.04.2010. The petitioner moved application under Order 9 Rule 13 read with Sec. 151 of the Code of Civil Procedure (in short, Civil Procedure Code) on 10.11.2010 for setting aside the ex parte judgment and decree dated 10.04.2010. During pendency of the said application, the petitioner claimed maintenance pendente lite and litigation expenses by moving application under Sec. 24 of the Act, alleging that she has no source of income whereas respondent-husband being agriculturist is earning more than Rs. 20,000.00 per month.

(3.) The respondent-husband opposed the petitioner's application filed under Sec. 24 of the Act and pleaded that in the meantime, after waiting for six months after ex parte decree of divorce, the respondent had remarried with Chanchal on 08.10.2010 (before filing of the application by the petitioner) and said Chanchal has also brought a female child with her, born from her previous husband. The respondent alleged that he has no agricultural land. He is casual driver earning Rs. 4,500.00 per month. The petitioner-wife is also earning Rs. 4,000.00 per month by doing private job at STD booth.