Court No. - 44
Case :- FIRST APPEAL No. - 805 of 2021 Appellant :- Ashish Kumar Verma Respondent :- Smt Dhandevi Counsel for Appellant :- Saurabh Tripathi
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Krishan Pahal,J.
Heard learned counsel for the appellant and perused the record.
The present appeal is directed against the order dated 27.8.2021 passed by the Principal Judge, Family Court, Shahjahanpur on the application, Paper no.18C dated 22.01.2020 filed by the respondent wife under Section 36 of Special Marriage Act, 1954 wherein she has stated that she is legally wedded wife of the appellant/plaintiff.
The appellant herein has filed a suit namely Original Suit no.504 of 2018 (Ashish Kumar Verma vs Smt, Dhan Devi) under Section 25 of the Special Marriage Act on the premise that the respondent had performed marriage with him by concealment of the material fact of her previous marriage. As a result of it, the marriage solemnized on 13.4.2012 under the Special Marriage Act between the parties has to be declared null and void.
The learned Family Court has awarded only Rs.2,000/- per month to wife for her support and expenses of the proceedings from the date of the application i.e. 22.1.2020 till the disposal of the petition filed by the husband. The contention of the learned counsel for the appellant is that monthly maintenance or expenses of the proceeding could not have been awarded to the wife as she has admitted all the allegations levelled by the appellant husband in the affidavit filed before the Family Court. The marriage solemnized on 13.4.2012 being nullity, the respondent cannot claim maintenance as she cannot be said to be legally wedded wife of the appellant.
This submission of learned counsel for the appellant is found misconceived, inasmuch as, the question with regard to the validity of the marriage solemnized on 13.4.2012 before the District Marriage Officer, Hardoi cannot be seen at this stage.
The validity of the marriage is to be examined by the Court concerned on the evidence of the parties at the time of the disposal of the suit filed by the husband. It is however, admitted that the marriage between the parties had been solemnized on 13.4.2012 under the Special Marriage Act before the District Marriage Officer, Hardoi.
In the said circumstance, the Family Court cannot be said to have erred in giving a petty amount of Rs.2,000/- to the respondent wife to support herself so that she may not be reduced to destitution or vagrancy on account of failure of marriage.
For the aforesaid, we do not find any infirmity in the decision of the Family Court. The appeal is dismissed at the admission stage itself.
Order Date :- 28.10.2021 Harshita