Baldev Singh vs Jagjit Kaur

A.L. Bahri, J.—Husband Baldev Singh challenges in this revision petition order passed by the trial Court u/s 24 of the Hindu Marriage Act allowing a sum of Rs. 125/- per mensem as maintenance and Rs. 200/- as litigation expenses during the pendency of the petition filed u/s 9 of the Hindu Marriage Act.

Earlier, application filed by the wife Jagjit Kaur u/s 125 of the Code of Criminal Procedure was rejected and before that a petition filed by the wife u/s 9 of the Hindu Marriage Act was with-drawn, as during the pendency of those proceedings she declined to accompany her husband.

The contention of the counsel for the petitioner is that the above facts should have been taken into consideration while deciding the petition u/s 24 of the Hindu Marriage Act and the present petition should have been dismissed. Section 24 of the Hindu Marriage Act does not cast any embargo on the Court to grant litigation expenses or maintenance to the spouse who has no independent source of income sufficient to support her. The contention of the counsel for the petitioner, therefore, cannot be accepted. The previous orders declining maintenance u/s 125 of the Code of Criminal Procedure cannot be a bar for allowing maintenance during pendency of the proceedings under the Hindu Marriage Act. Finding no merit in the revision petition, the same is dismissed. No order as to costs.