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’