SULOCHANA BAI Vs. TIKARAM

JUDGEMENT

(1.) This is the wife's revision against the dismissal of her application under Sec. 24 Hindu Marriage Act for maintenance and litigatian expenses pendente life in the proceedings initiated by the husband under Sec. 13 of the Hindu Marriage Act.

(2.) Wife, vide her application under Sec. 24 of the Hindu Marriage Act, had claimed maintenance pendente lite at the rate of Rs. 400.00 per month and so also Rs. 450.00 for meeting the expenses of litigation in the proceedings taken out by the husband under Sec. 13 Ibid. The husband resisted this application principally on the ground that the adulterous - conduct of the wife did not entitle her to any relief under Sec. 24 ibid. It was equally contended that the husband had not sufficient means for providing such maintenance as claimed by the wife.

(3.) The trial Court, considering the fact that both parties were placed in similar situation in the matter of their financial position i. e. both being labourers ; and further considering the other vital circumstance that the wife's suit under Sec. 9 of the Hindu Marriage Act had earlier been dismissed on the ground of her adultery with a third person, rejected the wife's application under Sec. 24 of the Hindu Marriage Act. Hence, now, the present revision.