Smt. Sweta Singh vs Sourabh Singh
2022 Latest Caselaw 8631 MP

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      IN THE HIGH COURT OF MADHYA PRADESH
                      AT INDORE
               First Appeal No.589 of 2021
          (SWETA SINGH Vs THE STATE OF MADHYA PRADESH)
Dated :29-06-2022
      Shri Ashutosh Patel, learned counsel for the appellant.
      Shri Akhilesh Sharma, learned counsel for the respondent.

Heard on I.A. No.8112/2021, application for maintenance filed under section 24 of Hindu Marriage Act,1955.

Appellant wife has filed this appeal being aggrieved by exparte Judgment dated 11.02.2020 passed in RCSHM No.119/2018 whereby learned Principal Judge, Family Court, Dhar has dissolved the marriage with the respondent/husband solemnized on 26.11.2018 on the ground of cruelty and desertion. Vide order dated 23.10.2021 this appeal is admitted for final hearing. The appellant/wife has filed an application under section 24 of Hindu Marriage Act,1955 for maintenance for herself.

Learned counsel for the appellant submits that she has no means to maintain herself and respondent has obtained exparte decree of divorce thereafter, performed second marriage. Her eight year old son is totally depended on her and respondent is not giving maintenance for him also. It is further submitted that in the reply the respondent has admitted that he is doing the business and as per the statement of bank account sufficient money is available which shows that he is earning handsome amount from the business hence, he may be directed to pay maintenance @Rs.25,000/- per month for appellant as well as for her son. He further submits that if this court grants maintenance to her then she will withdraw the other pending applications filed in different courts seeking maintenance.

Learned counsel for the respondent submits that this

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appellant has appeared before the Family Court in the divorce proceeding but at the time of conciliation she suddenly disappeared and did not appear therefore, the court had no option but to grant the decree of divorce. The respondent has performed the second marriage therefore, the present appeal has rendered infructuous and there is no question of grant of maintenance to her. It is further submitted that the respondent has depositing tuition fees and school fees of his son therefore, no separate maintenance is liable to be granted.

Against the exparte decree this appeal is admitted for final hearing therefore the same is liable to be decided on merits. Even if exparte decree this court can examine whether the respondent was entitled for the exparte decree of divorce. This subsequent marriage shall not rendered this appeal infructuous. So far the grant and maintenance to appellant is concerned appeal is continuation of proceeding of the suit therefore, application under section 24 of the Hindu Marriage Act,1955 is maintainable before this court. It is not the case of the respondent that appellant wife is having sufficient earning to maintain herself and her son. The respondent has admitted that he is depositing the fees regularly for the studies of his son. He has filed the statement of bank account to show that he has been regularly transferring the amount for the study of his son. In our opinion even after second marriage the respondent is liable to maintain the appellant as well as her son therefore, keeping in view the facts in totality the application under section 24 of the Hindu Marriage Act is allowed. The respondent is directed to pay maintenance @Rs.5,000/- per month to appellant/wife and Rs.10,000/- per month for his son during pendency of this appeal which shall include his education expenses. Hence, application is accordingly

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disposed of.

Appellant has filed an application I.A. No.5575/2021 under section 5 of Limitation Act seeking condonation of delay in filing this appeal.

As per office calculation this appeal is within time and the same is already been admitted therefore, no order is required and I.A. No.5575/2021 stands disposed of.

Appellant has filed an application I.A. No.5577/2021 application for exemption of filing certified copy of order dated 11.02.2020.

The original record of the trial court has been received and the appeal has been admitted therefore, exemption is hereby granted and I.A. No.5577/2021 accordingly disposed of.

Also heard on I.A. No.5576/2021 application for grant of stay.

By way of this application appellant is seeking stay on execution of decree of divorce. Since the respondent has performed the second marriage. The marriage certificate has been filed along with the application therefore, application for stay is rendered infructuous and accordingly I.A. No.5576/2021 stands disposed of.

Heard on I.A. No.1581/2022 and I.A. No.2763/2022 applications filed under Order 41 Rule 27 R/W section 151 of CPC for taking additional documents on record.

These applications shall be considered at the time of final hearing of this appeal.

List the matter for final hearing in due course.

                                   (VIVEK RUSIA)                                      (AMAR NATH (KESHARWANI))
                                       JUDGE                                                    JUDGE
     Ajit/-
AJIT       Digitally signed by AJIT KAMALASANAN

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh,

KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241ef fad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C 09EF29, serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E

NAN 0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.07.04 18:35:30 +05'30'