RADHIKABAI Vs. SADHURAM AWATRAI

JUDGEMENT

(1.) THE appellant, who is the wife-defendant in the husband's suit for judicial separation, moved the Court to grant of interim maintenance and for litigation expenses under Section 24 of the Hindu Marriage Act. The Court rejected the prayer for maintenance, but granted a sum of Rs. 100/- as against the prayer for rs. 300/- on the ground of expenses in the proceedings. Now the wife has come up in appeal praying that a monthly allowance should have been granted for her support and the expenses of the proceedings should have been granted more liberally, the husband for his part has filed a cross-objection against the grant of rs. 100/- for the expenses of the proceedings. The questions for decision are:

(2.) THE facts of this case are of the usual kind with the refinement that the wife has been charged with physical violence. It is said that the husband's relations have started a case against the wife for hurt or grievous hurt by throwing some kitchen implement at her father-in-law. Whatever the truth of these allegations and counter-allegations, and whatever the merits of the original prayer, it does appear that matters have gone quite far between the parties,

(3.) IT is not questioned that, in principle in a case like this, the wife is entitled, during the pendency of the proceedings, to an allowance for support and also to a lump grant towards her expenses in the proceedings. These differ from the permanent alimony that may in time be granted under the next section. Here it is a provisional arrangement to enable her to keep herself alive till the final orders in the proceedings and also contest, if she chooses, the suit filed by her husband. It is conceivable that in certain circumstances, the husband may be entitled to a grant for support and expenses to be paid by the wife; but in a society like ours that would be a much rarer happening than the present situation while the wife is praying for the grant.