MONIKA SHARMA Vs. KULDEEP KUMAR DOGRA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dtd. 24/1/2018, passed by the learned Additional District Judge, Hamirpur, District Hamirpur, H. P., whereby an application filed under Sec. 24 of the Hindu Marriage Act, 1955 (in short "the Act") for grant of maintenance pendent-lite, came to be dismissed, applicant/petitioner (herein after referred to as the applicant), has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid impugned order and to allow the application filed under Sec. 24 of the Act.

(2.) Having heard learned counsel for the parties and perused the material available on record vis-?-vis impugned order passed by the learned court below, this Court finds that marriage inter-se applicant and respondent stands dissolved by way of decree dated 1. 11.2012, which has been affirmed by this Court vide judgment dtd. 31/7/2015 (Annexure P-7).

(3.) Learned counsel for the applicant fairly acknowledged that aforesaid judgment of this Court affirming decree passed by the court below dissolving the marriage inter-se parties has attained finality because no appeal, whatsoever, has been filed against the same. After disposal of the appeal i.e. FaO No. 303 of 2008 dtd. 8/12/2009, applicant filed petition under Sec. 25 of the Act, claiming therein maintenance/permanent alimony. In those proceedings, applicant filed application under Sec. 24 of the Act, praying therein for grant of maintenance pendent-lite and expenses of proceedings, learned court below vide impugned order referred herein above, dismissed the application. In the aforesaid background, applicant has approached this Court in the instant proceedings.