LAWS(MPH)-1986-7-70

CHELAYA AMMA ALIAS SIMHACHALAM Vs. P. RAMLU

Decided On July 23, 1986
Chelaya Amma Alias Simhachalam Appellant
V/S
P. Ramlu Respondents

JUDGEMENT

(1.) This revision by the applicant-wife is directed against an order dated 9-9-1985, passed by District Judge, Durg in Civil Suit No. 50-A of 1985.

(2.) The applicant-wife has filed a suit for restitution of conjugal rights against the non applicant. In this suit, the applicant-wife had submitted an application under Sec. 24 of the Hindu Marriage Act (hereinafter referred to as 'the Act), claiming maintenance and court expenses. The non-applicant disputed application. The Court below by the impugned order dismissed the applicant's application Hence the present revision.

(3.) Not only the impugned order indicates, but it also has been stated by the counsel for the parties that the Court below did not even hold a summary enquiry for disposal of the application under Sec. 24 of the Act. It these circumstances and in view of the dispute, it would have been more appropriate for the learned District Judge to hold some enquiry, how-so-ever, summary, for the disposal of the application.