Jhamkubai vs Jaggannath

A.K. Gohil, J.—Applicant has filed this revision against the dismissal of her application, u/s 24 of the Hindu Marriage Act, for maintenance and also for grant of legal expenses, vide order dated 23.3.2001.

In a proceedings u/s 9 of the Hindu Marriage Act, the Trial Court rejected the application on the ground that a similar application, filed earlier, was rejected and that the repeat application has been filed at the stage of evidence.

Submission of the learned Counsel for the applicant is that during the proceedings there was a compromise between the parties and the non-applicant had started keeping the applicant in his house, but subsequently he again deserted her.

In reply, the submission of the learned Counsel for the non-applicant is that, the Magistrate has rejected the application u/s 125, Cr.P.C. for grant of Maintenance. Therefore, from the aforesaid submissions it is clear that the applicant is not getting any maintenance either in the proceedings under Hindu Marriage Act or in the proceedings u/s 125, Cr.P.C. The provisions of Section 24 of the Hindu Marriage Act are of interim nature and maintenance is to be granted during the pendency of the proceedings and also the expenses of the proceedings.

Having heard the learned Counsel for the parties, I am of the view that the Court has not taken a considered view in the matter and has rejected the application on wrong premises. Under the facts and circumstances of the case this revision is allowed to the extent that the non-applicant shall pay a sum of Rs. 1,000/- p.m. to the applicant as a pendente lite maintenance w.ef. 1.3.2001/ on which date the application was rejected and shall further pay a sum of Rs. 1,000/- towards legal expenses. The aforesaid amount be deposited before the Trial Court within a period of 30 days. The Trial Court is directed to proceed with the trial expeditiously and complete the same within 6 months.