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1997 Supreme(MP) 388
R.D. Shukla, J
Guzari Bai V. Shambhu Singh
C.R. No. 917 of 1995 (1); Decided on 10.7.1997. *
Headnote:(1) Hindu Marriage Act, 1955 -- Ss. 24 and 5 -- marriage not performed according to S.5 -- no interim maintenance can be awarded to wife by way of "Gandharva Vivah".
(2) Hindu Marriage Act, 1955 -- Ss.5 and 24 -- marriage not peiform,2d according to 5.5 -- no interim maintenance can be awarded to wife by way of , Gandharva Vivah".
¼1½ fganw fookg vf/kfu;e] 1955 && /kkjk 24 rFkk 5 && fookg /kkjk 5 ds vuqlkj laiUu ugha && iRuh dks **xa/koZ fookg** ds vk/kkj ij dksbZ varfje Hkj.k&iks"k.k iznku ugha fd;k tk ldrkA
¼2½ fganw fookg vf/kfu;e] 1955 && /kkjk 24 rFkk 5 && fookg /kkjk 5 ds vuqlkj laiUu ugha && iRuh dks **xa/koZ fookg** ds vk/kkj ij dksbZ varfje Hkj.k&iks"k.k iznku ugha fd;k tk ldrkA
Act Referred
This revision is directed against the order dated 1.8.95 passed by 1st Addl. District Judge, Mandsaur, in H.M.A. No. 9/94, whereby the petitioner's application for interim maintainance under S. 24 of the H.M. Act has been rejected.
The petitioner claims to be the married wife of non-petitioner by way of "Gandharva Vivah". Section 5 of Hindu Marriage Act prescribes ceremony of marriage and, therefore, the marriage has to be celebrated as per the provisions of law. There is no provision of 'Gandharva Vivah' under Hindu Marriage Act. In such a situation the petitioner is not a wife under strict terms of law. Under these circumstances she is not entitled to any maintenance u/s. 24 of the H.M. Act.
The next contention of the learned counsel for the petitioner is that two children have borne out of the relations of petitioner and the non-applicant. The petitioner is free to have recourse in the appropriate forum.
In the facts and circumstances stated above, this Court finds no substance in this revision. It is, therefore, dismissed. Parties shall bear their own costs.
