LAWS(MPH)-1990-4-21

INDIRA GAGELE Vs. SHAILENDRA KUMAR GAGELE

Decided On April 18, 1990
INDIRA GAGELE Appellant
V/S
SHAILENDRA KUMAR GAGELE Respondents

JUDGEMENT

(1.) This revision raises a short question about the date of payment of maintenance pendente lite granted by the Matrimonial Court to the respondent indigent spouse, in the exercise of its jurisdiction under S. 24 of the Hindu Marriage Act, 1955, (hereinafter referred to as the 'Act'), i.e. from the date of the institution of the suit proceedings, date of application made under S. 24 of the Act or from the date of order passed by the court directing payment of maintenance pendente lite to the respondent.

(2.) The short facts leading to this revision are as under :- The non-applicant in this revision petition Shailendra Kumar Gagele brought an action against the petitioner Smt. Indira Gagele, his wife, under S. 13 of the Act for seeking a decree of annuling the marriage.

(3.) Smt. Indira Gagele, it appears that after receiving the writ of summons of the suit on 26-11-1986, filed an application under Section 24 of the Act claiming maintenance pendente lite and expenses of the suit proceedings. The said application has been adjudicated by the learned Matrimonial Court, Satna, by order dated 4-8-1987, directing Shailendra Kumar Gagele to pay Rs. 200/- p.m. as maintenance pendente lite and Rs. 500/- towards expenses of the litigation.