GURMIT KAUR Vs. BUTA SINGH

JUDGEMENT

(1.) THIS application under Section 24 of the Hindu Marriage Act has been moved by the applicant -appellant, for grant of maintenance pendente lite and litigation expenses.

(2.) IT has been averred in the application, that the respondent -husband is earning a sum of Rs. 12,000/ - (Rupees twelve thousand only) per month, and in addition has sufficient bank balance from which he is earning interest, therefore, his monthly income is more than Rs. 15,000/ - (Rupees fifteen thousand only) per month.

(3.) MR . Gurcharan Dass, learned counsel for the applicantappellant has placed reliance on the judgment of the Hon'ble Supreme Court in Ramesh Chandra Rampratapji Daga v. Rameshwari Ramesh Chandra Daga, 2005(1) RCR(Civil) 615 : 2005(1) Apex Court Judgments 396 to contend, that even in case where the marriage is declared as null and void under Section 11 read with Section 5(i) of the Hindu Marriage Act, the party is entitled to maintenance. The Hon'ble Supreme Court in Ramesh Chandra Rampratapji Daga v. Rameshwari Ramesh Chandra Daga (supra) has been pleased to lay down as under : -