SURENDRA KUMAR ASTHANA Vs. KAMLESH ASTHANA

JUDGEMENT

(1.) ON January 25, 1972, Smt Kamlesh Asthana (hereinafter referred to as the 'wife') filed, in the Court of Civil Judge, Agra a petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights against her husband Sri Surendra Kumar Asthana, the applicant in this revi sion. At that time and even now the hus band is working and residing in Tehran (Iran). After notices were served on the husband, he on March 24, 1972, put in ap pearance under protest On March 25, 1972, he filed an application stating that he was a foreign national and was not domiciled in any territory to which the Act extended and that he was not subject to the jurisdiction of Indian courts. He asked for time for fil ing written statement and prayed that in the mean time the question of jurisdiction be determined. Immediately therreafter on March 28, 1972, the wife filed an applica tion under Section 24 of the Act praying that a pendente lite monthly alimony or monthly maintenance of Rs. 2, 000/- per month and a sum of Rs. 1, 256/- towards the expenses of the petition may be awarded to her. The application came up for hearing before the Civil Judge on July 6, 1972. On that day the wife insisted -that the applica tion under Section 24 of the Act be decided before the question of jurisdiction was consi dered. The husband on the other hand press ed that the question of jurisdiction be de cided first The Court heard arguments on this question and fixed July 8, 1972 for orders. On July 8, 1972, he passed an order that the application under Section 24 will be decided before the question of jurisdiction can be taken up. Against this order the husband filed this revision in this Court on July 28, 1972. The revision was admitted and the proceedings before the Civil Judge were stayed.

(2.) DURING the pendency of the revi sion the wife filed, on October 9, 1972, an application under Section 151, Civil Proce dure Code, read with Section 24 of the Hindu Marriage Act to grant pendente lite alimony of Rs. 2, 000/- per month from January 30, 1972. She also prayed for the grant, provi sionally of at least Rs. 2, 100/- as costs of the proceedings. It was further stated in the application that the revision and the stay ap plication be not heard until the husband com plied with the orders of this application. Counter-affidavit and rejoinder-affidavit have been filed in this application. By an appli cation filed on March 26, 1973. the husband tought to file certain documents to establish that he was a foreign national and not domi ciled in India. In the revision application, which came up for hearing before me, Sri B. S. Darbari, learned Counsel for the wife contended that the application under Sec tion 151, Civil Procedure Code, read with Section 24 of the Act should be disposed of first and the interim pendente lite mainte nance as well as expenses of this revision be awarded to the wife and that the revision should not be heard on merits till the pen dente lite maintenance and expenses were paid by the husband. I have heard Counsel for the parties at length on this application and on the revision.

(3.) SECTION . 24 of the Hindu Marriage Act provides:-