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Smt. Babita Bai vs Radheshyam Sharma on 17 July, 2018

THE HIGH COURT OF MADHYA PRADESH
F.A.No.214/2016
1

Gwalior, 17.7.2018

Shri Anil Kumar Sharma, learned counsel for the

appellant.

Shri Sanjay Kumar Mishra, learned counsel for the

respondent.

The matter is posted for consideration of

I.A.No.2416/2018 and I.A.No.2417/2018.

Vide I.A.No.2416/2018, the appellant seeks

maintenance pendente lite.

It is submitted that appellant has no independent

source of income and she is dependent on her parents,

whereas the respondent has a definite source of income

through agriculture and by operating a motor vehicle.

Though in a reply filed by the respondent, it is

urged that the appellant has a definite source of

income as she is living with her parents, however, there

is no material on record to establish this contention. It

is faintly submitted that since the marriage has been
THE HIGH COURT OF MADHYA PRADESH
F.A.No.214/2016
2

held to be nullity, the respondent cannot be burdened

with the maintenance of the appellant during

pendency of the appeal. We have however not

impressed with submission as it has not bearing on an

application under section 24 of the Hindu Marriage Act,

1955.

After considering the rival submissions and the

fact that the appellant has no independent source of

income for her livelihood and that the respondent has a

definite source of income through agriculture, we are

inclined to allow the application for maintenance during

pendency of present appeal and direct the respondent

to pay appellant Rs.5,000/- (Rupees Five Thousand)

per month on or before 10 th day of each Gregorian

(English) month through her bank account from the

date of application i.e. 8.5.2018. The appellant shall

disclose the account number to the respondent.

I.A. No.2416/2018 stands disposed of.

THE HIGH COURT OF MADHYA PRADESH
F.A.No.214/2016
3

As regard to I.A.No.2417/2018, whereby the

appellant prays for direction that respondent be

prohibited from solemnizing second marriage. It is

evident from the reply filed by the respondent that he

has not solemnized the second marriage. Even

otherwise section 15 of the Hindu Marriage Act

stipulates.

In view whereof, I.A.No.2417/2018 is disposed

of with a direction that the respondent shall abide by

stipulations contained under Section 15 of the Hindu

Marriage Act.

I.A. stands disposed of.

(Sanjay Yadav) (S.K. Awasthi)
Judge Judge
Pawar/-

ASHISH PAWAR
2018.07.23
12:15:26 +05’30’

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