MAMTA Vs. ISHWAR

JUDGEMENT

(1.) In this application filed under Section 24 of the Hindu Marriage Act, 1955 (in short the Act), the applicant-appellant seeks grant of maintenance pendente lite and litigation expenses.

(2.) Brief facts of the case, necessary for adjudication of claim of the applicant-appellant, may be noticed.

(3.) Marriage between the applicant-appellant and the respondent-husband was solemnized on 28.11.2004 according to Hindu rites and ceremonies at village Dobh, District Rohtak. The marriage was consummated and out of the wedlock two female children, namely, Ms. Priyanka and Ms. Vansika, now aged about five years and three years respectively, were born. Due to temperamental differences, the matrimonial alliance could not pull on smoothly for long and eventually the appellant filed a divorce petition under Section 13 of the Act on 29.3.2010 in the Court of District Judge, Rohtak seeking a decree of divorce on the ground of cruelty and harassment. Prior to filing of the divorce petition, the appellant had also filed a petition under Section 9 of the Act for restitution of conjugal rights wherein the respondent-husband had agreed to join the company of the appellant but the appellant did not furnish a statement to the same effect. Vide decree dated 28.3.2012, learned District Judge dismissed the divorce petition. The appellant has approached this Court by way of FAO No.M-149 of 2012 for setting aside the impugned decree passed by the learned District Judge and for a decree of divorce.