JUDGMENT 1. Prayer in this application under Section 24 of the Hindu Marriage Act, 1955 (for short, "Act") is for grant of maintenance allowance to the applicant-wife to the extent of Rs.15,000/- per month from the respondent-husband. 2. Brief facts of the case are that the marriage of applicant-wife with respondent-husband was solemnized on 07.03.2011. After the marriage, both were residing together and their marriage was consummated, but out of wedlock no child was born. The applicant-wife started maltreating and quarrelling with respondent-husband as well as his parents and left the matrimonial home without his consent. The applicant-wife had also levelled false allegations against her husband and her in-laws. She also extended threats to lodge a false case against them. Hence, the respondent-husband filed the petition seeking divorce on the ground of cruelty and desertion, which was accepted and decree of divorce on the ground of cruelty under Section 13(1)(ia) of the Act was granted in favour of the respondent-husband and against the respondent-wife vide judgment and decree dated 07.07.2017. Aggrieved against the aforesaid judgment and decree dated 07.07.2017, the applicant-wife has preferred the appeal before this Court, which is pending adjudication. 3. Learned counsel for the applicant-wife submits that the applicant-wife is staying with her old aged parents and is not having any source of income. She is totally dependent upon her parents for her daily needs, whereas, the respondent-husband is leading a luxurious life with all facilities as he is employed in Indian Army. 4. Learned counsel for the respondent-husband has filed reply to the application filed by the applicant-wife. The same is taken on record. Be tagged at appropriate place. 5. Referring to para 4 of the reply, learned counsel for the respondent-husband submits that the applicant-wife has re-married with Deepak Parekhwal and they are living as husband and wife. The photographs regarding re-marriage obtained from their social media are annexed as Annexure R-1. Moreover, the respondent-husband has also been acquitted in the criminal proceedings initiated by the applicant-wife, vide JUDGMENT dated 27.01.2021 passed by the District Judge, Palwal. He submits that since, the applicant-wife has re-married, therefore, question of granting maintenance allowance to her does not arise. As such, he prays for dismissal of the present application. 6.
Moreover, the respondent-husband has also been acquitted in the criminal proceedings initiated by the applicant-wife, vide JUDGMENT dated 27.01.2021 passed by the District Judge, Palwal. He submits that since, the applicant-wife has re-married, therefore, question of granting maintenance allowance to her does not arise. As such, he prays for dismissal of the present application. 6. On being asked by the Court to file an affidavit in rebuttal to the aforesaid averment in the reply regarding the applicant-wife having solemnized marriage with Deepak Parekhwal, learned counsel instead thereof, insisted for granting maintenance pendente lite. 7. Section 24 of the Act stipulates that where in any proceedings under this Act, it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support, on an application of either of the parties, order to pay the maintenance or the expenses of litigation can be passed, which the Court deems to be reasonable. 8. In view of the aforesaid provisions of law, only a legally wedded wife would be entitled to the maintenance pendente lite. Since, learned counsel for the applicant-wife has not been able to specifically contradict the factum of second marriage of the applicant-wife, in our considered view, the applicant-wife has lost her valuable right of maintenance pendente lite. 9. Finding no merit in the application, the same is hereby dismissed, at this stage.