MITHILESH Vs. PRAVIN KUMAR

JUDGEMENT

(1.) The appellant-wife Smt. Mithilesh has preferred this revision against the order dated 14.12.86 rejecting her prayer for deciding the application (Exh. 1U) under which she claimed maintenance pendente lite and expenses of the litigation under the provisions of section 24 of the Hindu Marriage Act, 1955 before compelling her to file the written statement.

(2.) The non-applicant - husband Pravin Kumar Khandelwal filed a petition under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) against the applicant seeking divorce on the ground of cruelty. The applicant, who is only 25 years old having a minor daughter, filed an application under section 24 on 3.5.1986 contending therein that she has no independent source of income for her livelihood and was thus enable to maintain herself and her minor child. It was also contended that she was totally dependent upon her parents who are old persons. It was also narrated that she had no option, but to contest the litigation specially under circumstances when her character has been questioned. It was also her contention that she could do only after her maintenance pendente lite and also expenses is taken care of. The applicant hence prayed for grant of maintenance during the pendence of the litigation and also expenses.

(3.) Though the application was promptly moved and at almost each hearing the Court below was requested to decide the application (Exh. 10) before the applicant is called upon to file her written statement, no orders were passed thereon. On 22.9.1986 an order that came to be passed was that the applicant would be heard only if the reconciliation fails. Ultimately on 18.10.1986 an application was moved by the applicant under the provisions of section 151 of the Code of Civil Procedure requesting the Court to decide the application (Exh. 10), before she is called upon to file the written statement. This application was rejected by the impugned order and the applicant was specially directed to file the written statement by the next date without fail. It is this order which is impugned in this revision.