ARPANA SHARMA Vs. RAJINDER SHARMA

JUDGEMENT

(1.) This is an application under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act") made by the appellant-wife for claiming maintenance pendente lite and litigation expenses from respondent-Rajinder Sharma, whom she claims to her legally wedded husband, which fact, however, the latter has been denying throughout by asserting that he has never married to the appellant.

(2.) Before proceeding to consider the vexed question raised in these proceedings and in order to appreciate the submission made by the parties, I deem it appropriate to notice at the very outset, a little background on which the present application came to be filed and has been hotly contested by the opposite side. Both the spouses, as per the version of the respondent (husband), who were neighbours in their business premises, became friendly with each other. Taking advantage of this situation, the appellant compelled the respondent to act as her husband and help her to create a proof of having married with her, by performing certain ceremonies pertaining to the marriage, because she wanted to frustrate the move of her parents to marry her to some other person. The respondent (husband) yielded to the wishes of the appellant (wife) and did all that was asked by the appellant (wife). According to the respondent (husband), when the appellant started going ahead with him as if she is his legally wedded wife, he filed a petition under Section 12 of the Act praying for declaring the said marriage as a nullity. The said petition was accepted by the Additional District Judge and a decree of nullity, annulling the marriage between the parties was passed on 24.8.2002.

(3.) Aggrieved by the said decree, the appellant (wife) has preferred the instant appeal. Along with the appeal, the aforesaid application was also filed claiming maintenance pendente lite and litigation expenses.