IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2527 OF 2021 Bhagyashri w/o. Jagdish Jaiswal .. Petitioner Vs.

Jagdish S/o. Sajjanlala Jaiswal & Anr. .. Respondents …

Mr. S.S. Thombre for the petitioner.

Mr. Rajesh Mewana for respondent No1.

…

CORAM : SMT. BHARATI DANGRE, J.

DATED : 26^TH FEBRUARY, 2022.

P.C:-

1. The petitioner-wife is aggrieved by the order passed by the 2^nd Joint Civil Judge, Senior Division, Nanded, dated 08/08/2017 and also by the order dated 06/12/2019 passed below Exh.-23 in the very same proceedings. The impugned orders are assailed in the backdrop of the common fact that the said orders are not sustainable, since the relationship between the husband and wife is already extinguished by a decree of divorce passed on

17/01/2015.

2. The marriage between the petitioner and the respondent was solemnized on 17/04/1992 and, on the wife filing a petition under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act of 1955”) seeking dissolution of marriage on the ground of cruelty and desertion, the petition was allowed and the marriage between the parties came to be dissolved on 17/01/2015 by the 2^nd Joint Civil Judge, Senior Division, Nanded. The decree of divorce was directed to be drawn accordingly.

3. Since I am not concerned with the merits of the said decree, I do not delve deep into it.

After passing of the decree of divorce, the respondent-

husband filed Hindu Marriage Petition No.46 of 2015 claiming for grant of permanent alimony from the petitioner-wife at the rate of Rs. 15,000/- per month. This application being filed under Section 25 of the 1955 Act, pleaded that since the marriage being dissolved by a decree of divorce, the application is filed as the respondent-husband is not having any source of income and the petitioner-wife, on the contrary had acquired the educational qualification of M.A., B.Ed. and, on completion of education, is serving at Shri Datta Mahavidyalaya, Talni, Taluka Hadgaon. It is specifically pleaded that in order to encourage the wife to obtain the degree, the husband managed the household affairs, keeping aside his own ambition. It is pleaded that prior to her employment, she was taking tuition classes and earning income for the family. The respondent-husband claims that he was working with the father of the petitioner-wife at Manatha and, with the aid and assistance of her parents, he would contribute some amount for the well being of the family.

4. The respondent-husband pleads that he suffered humiliation and harassment in the marital relationship as the petitioner-wife, with a malafide and dishonest intention, filed petition for divorce, which was decreed. It is specifically pleaded that the respondent is neither doing any job, nor does he possess any moveable or immoveable property or has any independent income. It is also pleaded that he is also not keeping good health and unable to secure any job for earning his livelihood. As against this, the petitioner-wife earns a salary of Rs.30,000/- per month and also possesses valuable household articles and immoveable properties.

5. In the backdrop of the aforesaid averments in the petition, the respondent-husband claims maintenance of Rs.15,000/- per month from the wife, from the date of filing of the petition. The prayer in the said petition reads as under:

“1. That the respondent may be directed to pay permanent alimony / maintenance to the petitioner at the rate of Rs. 15,000/- per month from the date of filing of this Petition.

2. The charge of maintenance to be created on the salary of respondent.”

6. In the said marriage petition, an application is filed by the respondent-husband under Section 24 of the 1955 Act, claiming maintenance pendente lite, the application being registered as Exh.-14.

In the said application, interim maintenance, till disposal of the main proceedings filed by the respondent-husband under Section 25 of the 1955 Act, claiming permanent alimony /

maintenance, is sought.

7. The