HEMRAJ Vs. LEELA

JUDGEMENT

(1.) This is husband's application challenging the order passed by the Civil Judge, Senior Division, Nagpur, holding that the respondent's application under O.9, R.13 of the Civil P.C. for setting aside the decree of divorce obtained by the respondent for interim maintenance is maintainable.

(2.) Upon the applicant's petition the Trial Court passed a decree of divorce on 17-3-1983. The respondent applied on 18-4-1983 for setting aside that decree and in that proceeding the Trial Court gave a direction for interim maintenance under S.24 of the Hindu Marriage Act. Upon an objection taken to the maintainability of the application, the learned trial Judge held that the application for interim maintenance was maintainable under S.24 of the Act and fixed the case for evidence on the quantum of maintenance to be awarded.

(3.) The challenge by the learned counsel for the petitioner to this order is two-fold. Firstly that the proceeding for setting aside an ex parte decree of divorce passed, would not be a proceeding within the meaning of S.24 of the Hindu Marriage Act, and secondly as the expression used in S.24 is "wife" and a decree of divorce has already been passed against her, she would not be the person who would be entitled under that provision to seek interim maintenance.