BRAJ KISHORE KUMAR Vs. RESHMA PRAVEEN

JUDGEMENT

(1.) Heard the learned Senior Counsel, Mr. Yogesh Chandra Verma on behalf of the petitioner. This writ application has been filed against the order dated 27.4.2011 passed by the learned Principal Judge, Family Court, Motihari in Matrimonial Case No. 68 of 2010 whereby the learned Family Court allowed the petition under Section 24 of the Hindu Marriage Act filed by the respondent and directed the petitioner to pay Rs. 3,000/- per month w.e.f. 2.12.2010, the date of filing of the application as maintenance and further directed to pay Rs. 5,000/- as cost of litigation.

(2.) The Learned Counsel for the petitioner submitted that the petitioner has filed this Matrimonial Case under Section 11 of the Hindu Marriage Act for declaring the marriage with the respondent as null and void. The Learned Counsel further submitted that respondent is Muslim lady and she was legally married wife of Md. Naushad. She was living with the petitioner without there being any marriage but later on, she started claiming to be the married wife and therefore, necessity arose for filing the present suit for declaring the alleged marriage as void.

(3.) The Learned Counsel further submitted that in view of the above facts, without deciding that the marriage between the parties is legal and valid, the learned Court below would not have passed the order under Section 24 of the Hindu Marriage Act. The Learned Counsel relied upon various decisions which I am considering one after other hereinbelow.