SUKHDEV KAUR Vs. HARJINDER SINGH

JUDGEMENT

(1.) THIS revision -petition, is directed against the order dated 16.07.05, rendered by the Additional District Judge (Fast Track Court), Rupnagar, vide which, it dismissed the application, under Section 24 of the Hindu Marriage Act, filed by Sukhdev Kaur, petitioner, for the grant of maintenance pendente -lite to the tune of Rs. 5000/ - per month, and litigation expenses, to the tune of Rs. 10,000/ -, during the pendency of petition, under Section 25 of the Hindu Marriage Act, 1955 (amended upto date) (hereinafter to be called as the Act only).

(2.) THE facts, in brief, are that, the marriage, between the parties, took place, on 17.08.97, by way of Anand Karaj ceremony. It was stated that, after the marriage, the parties lived together, for one year, as husband and wife. This was the second marriage of both the parties. The petitioner, had a female child, from her previous marriage, whereas, the respondent, had three children, from his previous marriage. It was further stated that the parties, could not live together, and, therefore, a petition, under Section 13 of the Act, was filed, which was accepted, on 19.05.04, and a decree of divorce, dissolving the marriage, between the parties, was passed. Accordingly, a petition, under Section 25 of the Act, for the grant of permanent alimony of Rs. 7 lacs, and maintenance allowance @ Rs. 5,000/ - per month, with a prayer, to create charge on the land of the respondent, was filed.

(3.) IN reply to the application, under Section 24 of the Act, it was admitted, that the marriage, between the parties, took place. It was also admitted, that a divorce petition, was filed, which was, ultimately accepted, and, a decree of divorce, was passed. It was stated that, during the pendency of petition, under Section 25 of the Act, an application, under Section 24 of the Act, was not maintainable, as no relationship of husband and wife, at the time of filing the said application subsisted. It was further stated that, after the decree of divorce, was passed, the petitioner, again re -married, at village Bachheri, in District Ludhiana. It was further stated that the entire gold ornaments, given by the respondent, to the petitioner, and two FDRs of the value of Rs. 61,500/ - and Rs. 25,000/ -, as also the Vikas Patras of Rs. 25,000/ -, had been encashed by the petitioner, and this amount, was deposited, by her. Accordingly, a prayer, was made, that the application, under Section 24 of the Act, be dismissed.