NEERA JAIN Vs. DIWAKAR

JUDGEMENT

(1.) K, C. Agarwal and R. C. Gulati,, JJ. On 24-3-1986 Hon'ble A. P. Misra, J. referred the following question for decision of a larger Bench : Whether under Section 24 of the Hindu Marriage Act, 955, payment to the petitioner of the expenses of the proceeding would also include, or not, the proceeding. for transfer in the Supreme Court of a proceeding of divorce initiated under his Act instituted in the Delhi Court In consequence, this Bench has been constituted by the Hon'ble the Chief Justice.

(2.) FOR appreciating the controversy involved behind the question referred, the facts very briefly be stated.

(3.) UNDER Section 24 of the Act what is allowable is the 'expenses of the proceeding'. The proceeding spoken of in Section 24 of the Act does not cover the expenses incurred in prosecution of a transfer application inasmuch as that is not under the Hindu Marriage Act. A transfer application does not arise out of any proceeding contemplated by the Hindu Marriage Act.