RAJA RAM Vs. RUPABEI

JUDGEMENT

(1.) This revision is directed against the order dated 21-12-1984 passed by the Additional District Judge, how, in Hindu Marriage Case No. 13 of 1983.

(2.) The material facts giving rise to this revision are as follows : The non-applicant filed a petition for declaration that her marriage with the respondent is null and void. During the pendency of the proceedings the non-applicant submitted an application under section 24 of the Hindu Marriage Act praying that interim maintenance he awarded to her. The application was opposed by the applicant. The trial Court by the impugned order directed the applicant to pay a sum of Rs. 60 per month as interim relation maintenance. Aggrieved by the order passed by the trial court the applicant has submitted this revision.

(3.) The learned counsel for the applicant contended that in a proceeding under section 1 l of the Hindu Marriage Act no order for interim maintenance under section 24 of the Hindu Marriage Act can be passed, because according to the non-applicant herself her marriage was void and non-est. He also contended that as the applicant has denied that the non-applicant was his wife the trial court has e -red in passing the impugned order.