JAGDISH CHANDRA KULSHRESTHA Vs. PRAMOD KUMARI

JUDGEMENT

(1.) THIS revision is directed against the order passed on an application under section 24 of the Hindu Marriage Act granting Rs. 500/ - towards the expenses of the litigation and Rs. 200/ - p.m. as maintenance to the non -petitioner during the pendency of the suit, filed by petitioner -husband for divorce against the non -petitioner wife, in the Court of District Judge, Shivpuri.

(2.) THE facts relevant to this revision are that the petitioner filed a petition against the non -petitioner -wife for divorce under section 13 of the Hindu Marriage Act (referred to as 'the Act' hereinafter) on the ground of cruelty and desertion. That earlier to the filing of this petition, the non -petitioner had filed an application under section 125 of the Code of Criminal Procedure (referred to as 'the Code' hereinafter) against the petitioner for claiming maintenance to herself and two daughters born out of the wedlock, wherein the learned Magistrate allowed the maintenance only to two minor daughters but dismissed the claim of the non -petitioner on the ground that she was living separately under own will and that too without a reasonable cause.

(3.) SHRI P. D. Agrawal, counsel appearing for the petitioner submitted that the learned trial Court erred in law in passing the impugned order without first complying with the mandatory requirement of making an endeavour of reconciliation between the parties under section 23 (2) of the Act.