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2022 Supreme(Bom) 1612

SANDEEP V. MARNE
Aboil alias Yugandhara W/o Tejpal Patil – Appellant
Versus
Tejpal S/o Premchand Patil – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.V. Deshmukh.
For the Respondent: A.A. Nimbalkar.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.

2. By this petition petitioner assails order dated 04.12.2019 passed by the Judge, Family Court, Jalgaon thereby rejecting petitioner’s application for grant of maintenance pendente lite under the provisions of Section 24 of the Hindu Marriage Act, 1955 (for short ‘the Act 1955’).

3. Petitioner has instituted Petition A-334/2019 before the Family Court, Jalgaon seeking annulment of marriage with respondent. In that application, she filed application at Exhibit-7 under Section 24 of the Act, 1955 for grant of interim maintenance. The Family Court has rejected the application essentially on two counts: that petitioner possesses higher qualifications and that on her social media status, she had made declaration to the effect that she had secured job in a company at London.

4. Appearing for petitioner Mr. Deshmukh the learned counsel would submit that mere possession of qualifications by petitioner could not have been a reason for denial of interim maintenance in the light of the position that petitioner is actually jobless. H

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