Court No. - 38
Case :- FIRST APPEAL No. - 691 of 2018 Appellant :- Mohit Pathak Respondent :- Priti Sharma Counsel for Appellant :- Chandra Prakash Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Bachchoo Lal,J.
By means of this appeal the appellant has challenged an order dated 25.7.2018 passed by the Principal Judge, Family Court, Ghaziabad under Section 24 of the Hindu Marriage Act awarding maintenance pendente lite.
The claim of the appellant is that he has filed a suit to declare the marriage void under Section 11 of the Hindu Marriage Act on the ground that at the time of marriage the spouse of the wife was living and this information was hidden. During the pendency of the suit the wife filed an application under Section 24 of the Hindu Marriage Act and considering the status and income of the appellant the court below awarded Rs. 300/- as travelling expenses for attending the court on each date. Besides that Rs. 5,000/- towards counsel fee and Rs. 7,000/- lump sum towards maintenance. In all Rs. 12,000/- lump sum was determined under Section 24 of the Hindu Marriage Act.
We have considered the submissions of learned counsel for the appellant, who essentially argues that if the marriage itself is void then no liability can be fixed upon the husband.
It is to be noted that Section 24 of the Hindu Marriage Act has a limited scope and it is only for pendente lite expenses during any proceeding initiated under the Hindu Marriage Act. Section 11 is also under the Hindu Marriage Act and, therefore, the argument of the learned counsel for the appellant cannot be accepted. The amount awarded appears to just and fair and does not call for any interference.
The appeal is misconceived and it is, accordingly, dismissed.
Learned counsel for the appellant, however, submits that a direction be issued to the family court to decide the suit of the appellant being Original Suit No. 257 of 2017 filed under Section 11 of the Hindu Marriage Act.
It is observed that the court below would proceed in the matter and decide the same in accordance with law without granting unnecessary adjournment to either of the parties.
Order Date :- 26.10.2018 Sunil Kr. Gupta (Bachchoo Lal, J.) (Abhinava Upadhya,J.)