GOPAL Vs. DHAPUBAI

JUDGEMENT

(1.) This revision petition is directed against the order dated 23-11-1982 passed by the learned VI Additional Judge to the Court of District Judge, Indore, in Hindu Marriage Case No. 12 of 1982.

(2.) The material facts giving rise to this revision petition, briefly, are as follows:-

(3.) Having heard learned counsel for the parties, I have come to the conclusion that this revision petition deserves to be dismissed. It was urged on behalf of the applicant that as the applicant had denied the relationship of a husband and a wife between the parties, the opponent was not entitled to any relief under Sec. 24 of the Act. The contention cannot he upheld. The grant of maintenance pendente lite is not dependent either on the merits of the petition or on the decision of any particular issue. It was then contended that the application deserved to be dismissed on the ground of undue delay as provided by Sec. 23 of the Act. This contention is, however devoid of any merit as Sec. 24 of the Act is not controlled by Sec. 23 of the Act. No case, in my opinion, has been made out by the applicant for interfering with the impugned order.