CHITRA LEKHA Vs. RANJIT RAI

JUDGEMENT

(1.) This first appeal under S. 28 of the Hindu Marriage Act, 25 of 1955 (hereinafter referred to as 'the Act'), has been filed by the wife against the order of Mr. Jagdish Chandra, Additional District Judge, dated 23rd October, 1973.

(2.) The material facts of the case lie in a narrow compass. The parties had been married on 28th June, 1971. The respondent husband filed a petition for judicial separation on the ground of cruelty under S. 10 (1) (b) of the Act. This petition was dismissed with costs in 1973. During the pendency of the petition the appellant, soon after filing the written statement, made an application on 10th August, 1971 under S. 24 of the Act for grant of ad interim maintenance and litigation expenses. The respondent contested the application on the ground that the court had no territorial jurisdiction to entertain the petition and unless this was decided interim alimony could not be granted. The objection was repelled by the trial court and a revision against the same was dismissed with costs. The respondent, instead of pursuing the petition absented himself from the court and his petition was, as mentioned above, dismissed with costs.

(3.) Then the appellant before me moved an application before the court below to the effect that her application for interim alimony filed on 10th August, 1971 be granted and the alimony and litigation expenses be awarded to her. This application has been refused by the court below mainly on the ground that the case itself had come to an end and there was no valid ground to grant alimony or litigation expenses. An authority of the High Court of Myosre, N. Sub- ramanyam v. Mrs. M. G. Saraswathi, AIR 1964 Mys 38, was cited before the learned Judge, who has distinguished the same. Mr. Sethi has challenged the order, of the court in this appeal. Notice of the appeal was issued to the respondent, who has not appeared and he has been proceeded against ex parte.