LAWS(ALL)-2003-3-43

UMESH KUMAR Vs. KIRAN DEVI

Decided On March 06, 2003
UMESH KUMAR Appellant
V/S
KIRAN DEVI Respondents

JUDGEMENT

(1.) This is a revision under Section 115 of the Code of Civil Procedure against the order dated 16.11.2002 passed by the Civil Judge (Senior Division), Lakhimpur Kheri in Suit No. 243 of 2001 under Section 24 of Hindu Marriage Act, 1955.

(2.) I have heard the learned counsel for the revisionist at admission stage.

(3.) The revisionist has filed a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against his wife-respondent Smt. Kiran Devi. During the pendency of the suit, the respondent has moved an application under Section 24 of the Hindu Marriage Act. This application has been decided by the impugned order. The learned trial court had recorded a finding that the respondent Smt. Kiran Devi has no independent income sufficient for her support and the necessary expenses of the proceedings. After recording this finding, the trial court had awarded Rs. 1,500 in lump sum as litigation expenses and Rs. 400 per month as maintenance allowance from the date of the order. It is against this order, the present revision has been filed.