LATA Vs. NEERAJ PAWAR

JUDGEMENT

(1.) - Challenge in the present petition is to the order passed by the learned court below, whereby the application filed by the petitioner for grant of interim maintenance under Section 24 of the Hindu Marriage Act, 1955 (for short, 'the Act') was dismissed.

(2.) BRIEFLY , the facts are that marriage between the parties was solemnised on 16.1.2005. A son was born out of the wedlock. However, as per the allegations made by the petitioner in the petition, she was turned out of the matrimonial home in May, 2006 at advanced stage of pRegulation ncy. Subsequently, the respondent filed a petition on 7.11.2006 under Sections 11, 12, 13(1)i(a) and i(b) of the Act for declaring the marriage between the parties a nullity and/or divorce. During the pendency of the petition, the petitioner filed an application under Section 24 of the Act for grant of interim maintenance for her and also for the minor child. In the petition filed by the respondent for declaring the marriage a nullity or for divorce, a plea was taken that the petitioner was already married with one Manoj and on account of this fact, the petitioner was not entitled to grant of any maintenance from him.

(3.) ON the other hand, learned counsel for the respondent submitted that as the marriage between the parties was a nullity, the petitioner would not be entitled to any maintenance as Section 24 of the Act will not apply in case the marriage is illegal. Relying upon the statement made by the petitioner before the Women Cell, it was submitted that she herself admitted about her previous marriage. However, the fact that a child was born out of this wedlock on 2.10.2006 is not disputed. Reliance was placed upon Savitaben Somabhai Bhatiya v. State of Gujarat and others, 2005(2) RCR(Criminal) 190 : 2005(2) RCR(Civil) 151 : 2005(1) Apex Criminal 596 : (2005)3 SCC 636. Heard learned counsel for the parties and perused the record.