ORDER

1. The appellant has filed this appeal under section 28 of the Hindu Marriage Act against the judgment and decree dated 16.5.2003 passed by the III Additional District Judge, Mandsaur, in HMA Case No.36/1994, whereby the appellant has not been held entitled for payment of maintenance and permanent alimony and the suit filed under section 10 of the Hindu Marriage Act has been dismissed.

The facts of the case in short are as under:-

2. The marriage of appellant and respondent was solemnized on 21.5.1974. Out of the said wedlock, the appellant gave birth to a child namely Radhabai. Since 1997, they are living separately. According to the appellant, at the time of marriage, sufficient amount of gold, ilver and cash was given to the respondent / husband, but after two years, he kept all the gold and silver ornaments and deserted her. Since then, she is living with her brother.

3. The history of litigations between parties is as under:-

3.1. The appellant filed a suit i.e. Civil Suit No.69A/1979 on 21.4.1979 under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. A compromise deed was filed in the said suit by the parties, in which they said to have decided to live separately and the appellant agreed to receive Rs.3,000/- as permanent alimony for herself and her daughter. Accordingly, the civil suit was dismissed on 19.6.1979 as the parties are not interested to pursue further.

3.2. Simultaneously, the appellant also filed an application under section 125 of the Code of Criminal Procedure, 1973 before the Civil Judge, Class – II, Sitamou, District – Mandsaur claiming interim maintenance of Rs.100/- per month for her and Rs.50/- for her daughter. The said case was registered as MJC No.26/1979. On 1.8.1990, both the parties stated that they do not want to continue with the case and the same was accordingly dismissed.

3.3. The respondent filed a suit under section 13 of the Hindu Marriage Act in the month of November 1985 seeking divorce on the basis of the above compromise. The said suit was registered as Civil Suit No.22/1986. The present appellant appeared and filed the written statement specifically denying the compromise and receipt of maintenance of Rs.3,000/- as permanent alimony. According to her, she is an illiterate lady and without her knowledge, the counsel filed an application and got the suit dismissed on the basis of compromise The said suit was dismissed in default on 14.7.1987 due to the non-appearance of the respondent.

3.4. The appellant also filed an application under section 9 of the Hindu Marriage Act on 21.4.1989 which was registered as HMA Case No.26/1989. On 10.4.2019, conciliation took place but failed.

3.5. After the aforesaid litigation between the parties, the appellant approached the District Court by way of an application under section 10 of the Hindu Marriage Act seeking judicial separation with the respondent and for permanent alimony @ Rs.3,000/-. This case was filed on 28.2.1994 and registered as HMA Case No.36/1994. In the said case, the appellant has alleged that no divorce has taken place with the respondent till date and despite that, the respondent has married with Ms. Kari Bai which gave the cause of action to her for filing the present suit. In the suit, the appellant has specifically denied that any compromise took place on 19.6.1979. According to her, she is an illiterate lady and without her knowledge, the counsel filed an application and got the suit dismissed on the basis of compromise. Along with the aforesaid suit, the application under sections 24 & 26 of the Hindu Marriage Act was also filed seeking maintenance of Rs.800/- per month with litigation expenses.

3.6. The respondent appeared and filed a written statement denying the averments made in the plaint and the second suit is not maintainable for the purpose of maintenance when the earlier proceedings have come to an end based on a compromise arrived at between the parties. The appellant and respondent examine