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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.13945-13946 OF 2024 [ARISING FROM SLP(C)NOS.5824-5825 OF 2021]
DEVIDAS SUKDEO GHATE APPELLANT(S)
VERSUS
HARSHIDA DEVIDAS GHATE RESPONDENT(S)
O R D E R
1. Leave granted.
2. These appeals arise out of order(s) dated
07.03.2020 and 05.03.2021 passed in Writ Petition
No.6859 of 2018 and Review Application (Civil)
No.14 of 2021 respectively, awarding interim
maintenance in proceeding under Section 9 of the
Hindu Marriage Act, 1955 (for short, ‘the Act’),
initiated by the respondent-wife.
3. This Court, while issuing notice on
05.05.2021, had directed the appellant to deposit
Rs.50,000/- (Rupees Fifty Thousand Only) with the
Registry of this Court, which amount has since
been deposited. Let the said amount, along with
accrued interest thereon, if any, be released in
favour of the respondent-wife without creating any
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equity in her favour.
4. The serious contention raised by learned
counsel for the appellant is that the appellant
and respondent were never married and as such the
respondent had no right to either institute the
petition under Section 9 of the Act or to claim
maintenance. He has placed reliance upon a
judgment dated 29.01.2024 passed by the Chief
Judicial Magistrate, Dhule in Regular Criminal
Case No.220 of 2014 instituted upon a complaint
made by the respon...