VINOD KUMAR KEJRIWAL Vs. USHA VINOD KEJRIWAL

JUDGEMENT

(1.) THIS is an unfortunate litigation and that too a Civil Revision Application arising out of an order, in the nature of an interlocutory order, under section 24 of the Hindu Marriage Act, 1955. The petitioner-husband seeks to challenge the order dated 30th August, 1989 passed by the City Civil Court, Bombay, in Notice of Motion No. 6849 of 1987 for maintenance pendente lite and expenses of proceedings in accordance with the provisions of section 24 of the Hindu Marriage Act. Section 24 of the said Act reads as under:-

(2.) AT the outset, it must be stated that this matter was heard earlier at length by my learned brother A. C. Agarwal, J. , last year and efforts were made to bring about a reconciliation in accordance with the mandate of sub-section (2) of section 23 of the Hindu Marriage Act. However, both the learned Counsel conceded before me that the said efforts had failed and it was necessary, therefore, to again hear the matter on merits. When this matter was initially taken up by me for hearing on Friday, the 13th March, 1992, I again asked both the learned Counsel as to whether it was still possible to bring about a reconciliation. Both the learned Counsel frankly stated that it was not possible. Since, however, the matter was part-heard on Friday, 13th March, and was thereafter heard on Tuesday, the 17th March, Wednesday, the 18th March and Friday, the 20th March, both the learned Counsel were permitted to make a statement if a reconciliation was possible even in the course of hearing, from Friday, the 13th March to this day. However, both the learned Counsel frankly stated that it was not possible. Hence, it has become necessary for me to dispose of the matter on the basis of the material before me.

(3.) TWO questions of law arise for any determination, viz. i) Whether pending an application under Order 9, Rule 4 of the Code of Civil Procedure, 1908, for restoration of the Petition filed by the husband for divorce, can the wife initiate proceedings under section 24 of the Hindu Marriage Act, 1955, for maintenance pendente lite and expenses of proceedings ?