JAI RANI Vs. OM PARKASH SAINI

JUDGEMENT

(1.) The respondent husband brought a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (the Act) against the wife the petitioner. On an application under Section 24 of the Act by the wife the Additional District Judge made an order on 12-5-1980 for maintenance pendente lite and litigation expenses. He ordered the husband to pay Rs. 400.00 as litigation expenses and Rs. 100.00 per month on account maintenance with effect from 18-2-1980, the date of the applica- tion. For payment the Judge fixed 23-5-1980.

(2.) The husband did not pay. So on 26-5-1980, the judge made this order :-

(3.) The wife's .case is that she is entitled to recover trom the husband monthly maintenance allowance for the period even after 26-5-1980 on the ground that the proceedings have not terminated and that she is entitled to monthly maintenance allowance till the determination of the proceedings. The Judge rejected this argument. By order dated 11-2-1981 he decided that there was no liability of the husband to pay maintenance pendente lite after the proceedings were consigned to record room. In other words, he held that the wife was entitled to recover maintenance allowance at the rate of Rs. 100.00 per month up to the period of 26-5-1980 when the proceedings were consigned to record room but not after that. From the order dated 11-2-1981 the wife has brought this revision petition.