LAWS(SC)-1997-8-89

JASBIR KAUR SEHGAL Vs. DISTRICT JUDGE DEHRADUN

Decided On August 27, 1997
JASBIR KAUR SEHGAL Appellant
V/S
DISTRICT JUDGE,DEHRADUN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This is wifes appeal against the judgment dated October 14, 1996 of the High Court of Judicature at Allahabad. She is aggrieved by the impugned judgment under which she was awarded maintenance pendente lite under S. 24 of the Hindu Marriage Act, 1955 (for short the Act) at the rate of Rs. 1500/- per month. On an application filed by the wife in the trial Court in proceeding for divorce initiated by her husband, respondent No. 3 herein, she was awarded Rs. 2,500/- (Rupees two thousand and five hundred only) as expenses of litigation and maintenance pendente lite at the rate of Rs. 1000/- per month. Her revision before the District Judge Dehradun against this order was dismissed. She further filed writ petition under Art. 227 of the Constitution of India in the High Court. By the impugned judgment the High Court enhanced the maintenance to Rs. 1500/- per month.

(3.) Respondents 1 and 2 in this appeal are respectively the District Judge, Dehradun and the Additional Civil Judge (IInd), Dehradun who are described as pro forma respondents. It is not proper or even justified on the part of the appellant to implead the courts as respondents and respondents 1 and 2 are, therefore, struck off from the record of this appeal.