SMT. SUBHASINI Vs. B.R. UMAKANTH

JUDGEMENT

(1.) The learned single Judge has referred this revision petition to a Division Bench on the ground that there is some conflict between the decision reported in the case of Parashuram Rao Anantha Rao Pise Vs. Smt. Prathibha Parashuram Rao Pise, (1974) 1 Kant LJ 265 and the decision reported in the case of Mrs. Sudha Vs. B. Narasimha Pai, ILR (1979) 1 Kant 382.

(2.) The petitioner has flied this revision petition against an order made by the Principal Civil Judge, Bangalore City under Sec. 24 of the Hindu Marriage Act, 1955 directing payment of Rs. 275 per month in order to meet the expenses and in order to support herself during the pendency of the main petition for divorce filed by the respondent-husband. The plea is that the amount awarded is inadequate.

(3.) The learned Judge permitted the conversion of the revision petition into a Miscellaneous appeal following the decision of this Court in the case of Parashuram Rao Anantha Rao Pise, AIR 1975 Karnataka 31. Subsequently the decision of this Court in the case of Mrs. Sudha, (ILR (1979) 1 Kant 382) was brought to his notice in which it has been held that no appeal would lie under Sec. 28 of the Hindu Marriage Act. In the light of this, the earlier order was recalled by the learned Judge and this reference has been made.