JUDGMENT Vinod K. Sharma, J. (Oral) - This revision petition under Article 227 of the Constitution of India is directed against the order dated 7.5.2008 passed by the learned District Judge, Jalandhar on an application moved under Section 24 of the Hindu Marriage Act. 2. The petitioner-husband filed a petition under Sections 11 and 12 read with Section 13 of the Hindu Marriage Act seeking declaration of marriage to be void and in alternative decree of divorce. 3. The respondent-wife appeared in pursuance to the notice and moved an application under Section 24 of the Hindu Marriage Act. 4. It was alleged in the application that the petitioner is residing in Netherland where he is running a cloth business and earning rupees one lakh per month. It was also alleged in the application that, in addition, the petitioner has income of rupees one lakh from agricultural land owned by him. 5. The learned District Judge has granted merely a sum of Rs. 3000/- per month as maintenance pendente lite along with a sum of Rs. 11000/- as litigation expenses. 6. The learned counsel for the petitioner contended that the respondent was already married before getting marriage to the petitioner and, therefore, the marriage was null and void and, therefore, she could not be treated to be wife for seeking maintenance under Section 24 of the Hindu Marriage Act. The learned counsel for the petitioner in support of this contention has placed reliance on the judgment of the Honble Supreme Court in the case of Smt. Yamunabai Anantrao Adhav v. Anantrao Shivaram Adhav and another, AIR 1988 SC 644. 7. It may be noticed that in the said very judgment the Honble Supreme Court while considering the provisions of Sections 125 Criminal Procedure Code came to the conclusion that the grant of maintenance cannot be altogether excluded from consideration, even if the marriage is not proved. The petitioner has moved an application under Sections 11 and 12 read with Section 13 of the Hindu Marriage Act seeking divorce from the respondent.
The petitioner has moved an application under Sections 11 and 12 read with Section 13 of the Hindu Marriage Act seeking divorce from the respondent. Whether marriage is illegal or void is yet to be decided The provisions of Section 24 of the Hindu Marriage Act envisages maintenance of pendente lite during pendency of petition under the Act and, therefore, no distinction could be drawn whether the marriage is legal or illegal as it is yet to be decided after the parties are allowed to lead evidence. The amount granted is meager, which does not call for interference by this Court. Dismissed. Petition dismissed.