NISHA Vs. DIGAMBAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS civil miscellaneous appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") against the order dated 19.07.2011 passed by the learned District and Sessions Judge, Bharatpur dismissing the application filed by the applicant -appellant under Section 24 of the Act of 1955. The appellant -applicant and respondent non -applicant (hereinafter referred to as "non -applicant") are an estranged couple. The non -applicant has taken proceeding under Section 13 of the Hindu Marriage Act for dissolution of the marriage with the applicant. The couple have two minor children who are presently residing with the non -applicant. The applicant however is residing with her parents in Agra.

(3.) THE non -applicant in reply to the application stated that his two children were reading in class VIth and IInd respectively. It was stated that the applicant was MA NTT duly qualified and apparently working as a teacher in Agra while she was staying with her parents was therefore equipped to maintain herself. And in the event, the non -applicant was required to pay any maintenance, it would be beyond his financial capacity. It was pointed out that the non -applicant was also required to maintain his old parents both staying with him. It was prayed that in the circumstances, the condition precedent for grant of any pendente lite maintenance and cost towards litigation to the applicant did not arise and that the application under Section 24 of the Act of 1955 be dismissed.