(1.) The present petition is filed under Article 227 of the Constitution of India challenging the order dtd. 25/8/2023 whereby the application filed by the petitioner under Sec. 24 of the Hindu Marriage Act for grant of pendente lite has been rejected.
(2.) Counsel for the petitioner submits that the learned Family Court has rejected the said application mainly on two grounds that the allegation against the petitioner by the respondent in the divorce petition is that she is leading an adulterous life and the other is that she filed application for grant of maintenance after about two years of filing of the divorce petition. It is argued that the order is apparently contrary to the provisions of Sec. 24 of the Hindu Marriage Act.
(3.) The provisions of Sec. 24 of the Hindu Marriage Act is reproduced as under:-