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2012 Supreme(MP) 11

N.K.MODY
Pallavi – Appellant
Versus
Sachin – Respondent


Advocates:
A.S. Rathore for petitioner; C.R. Joshi and K.P. Pandey for respondent.

ORDER

1. Being aggrieved by the order dated 21.4.2011 passed by Family Court, Indore in case No. 345/10 whereby the application filed by the petitioner for grant of interim maintenance was allowed in part and Rs. 1,500/- per month was awarded towards maintenance of the petitioner and her daughter @ Rs. 750/- each, the present petition has been filed.

2. Short facts of the case are that respondent filed a petition under section 11 of the Hindu Marriage Act 1955 with a prayer that marriage of the respondent with the petitioner which was solemnized on 16.6.2002 be declared as void. In the said petition an application was filed by the petitioner under section 24 of the Hindu Marriage Act for grant of interim maintenance alleging that out of wedlock which took place on 16.6.2002 petitioner delivered a baby Nitya on 23.2.2003. It was alleged that respondent has left the petitioner w.e.f. 12.2.2010. It was further alleged that respondent is in job and is earning Rs. 17,000/- per month, therefore application be allowed and maintenance be awarded. The application was not replied by the respondent, however was contested. After hearing the parties learned Court below allowed the application in








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