KUMUD LATA DAS Vs. A K PATHAK

JUDGEMENT

(1.) The petitioner has filed this petition Under Article 227 of the Constitution of India, assailing the order dated 17-7-1995, passed by the Additional District Judge, herein after referred to as the impugned order. The learned Additional District Judge by the impugned order dismissed the petitioner's application Under Section 151 C.P.C. praying for disposal of her maintenance application dated 25-8-1991 Under Section 24 of Hindu Marriage Act herein after referred to as the Act, prior to the petitioner cross-examining her respondent husband, who has filed the petition for divorce.

(2.) The learned Additional District Judge dismissed the application with cost of Rs.500.00 and granted adjournment on further cost of Rs.1000.00. The learned Additional District Judge had passed the impugned order in view of an earlier order dated 24-1-1994, by which parties were directed to lead evidence on the main petition as well as on the application Under Section 24 of Act. He held that the petitioner's application was a belated one, being filed more than a year and half after the order dated 24-1-1994, with the object of delaying the proceedings in the main petition. The petition for divorce was filed in December, 1989 by the respondent husband, yet the same remained at the stage of evidence.

(3.) The petitioner in the present petition has sought the following reliefs:-