R LAKSHMI Vs. DEEPAK KHANNA

JUDGEMENT

(1.) This revision petition filed under S. 115 of CPC is by a deserted wife and is directed against the order dated, 3-3-1979 of the III Addl. District Judge, Bangalore, on I. A. No. II in M.C. No. 10 of 1978.

(2.) On 25-4-1977 a marriage was solemnized between the petitioner and the respondent under the provisions of the Special Marriage Act of 1954 (Cen. Act No. 43 of 1954) (hereinafter referred to a,s the Act.) For reasons that are not necessary to notice or examine in this case, even before the celebration of the first wedding anniversary, the respondent on 7-4-1978 has presented a petition undar S. 25 (iii) of the Act before the District Judge to grant a decree of mullity of the aforesaid marriage which is being resisted by the petitioner on diverse grounds.

(3.) On 14-11-1978 the petitioner, under Section 36, of the Act filed an application LA. No. II, in the petition filed by the respondent seeking for a direction to him to pay Rs. 5,000/- towards legal erpenses and Rs. 4,000/- per month towards maintenance pending disposal of the main petition, In her affidavit accompanying LA. No.II the petitioner claimed that she was no longer continuing as a cabaret artist, that she had no independent means of income and that her sister who was not well placed was maintaining her. She alleged that the respondent had extensive business income and owned extensive properties. On these and other allegations, the petitioner claimed interim maintenance and litigation expenses.