KIRAN Vs. CHANDRA SHEKAR

JUDGEMENT

(1.) This is wife's civil revision against the order dated 29-2-1996 passed by the District Judge, Narsinghpur in Civil Suit No. 10-A of 1995 whereby the application filed by her for grant of maintenance pendente lite as also the cost of litigation under Section 24 of the Hindu Marriage Act 1955 (hereinafter referred to as the Act) has been rejected.

(2.) Facts necessary for the decision of the present civil revision are that the husband-non-applicant filed a petition for dissolution of marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights between the parties to the marriage for a period of more than one year after passing of a decree of restitution of conjugal right, in a proceeding to which they were parties as contemplated under Section 13 (1-A)(ii) of the Act. It is relevant here to state that on the application filed by the husband under Section 9 of the Act the District Judge, Narsinghpur in Civil Suit No. 29-A/93 has granted the restitution of conjugal rights by its judgment and decree dated 4-2-1994. In the petition filed by the husband for dissolution of marriage by a decree of divorce, the wife filed an application for grant of maintenance pendente lite as also the cost of litigation. The learned Judge by its order dated 29-2-1996 rejected the said application. According to the finding of the learned District Judge the wife is not entitled for grant of maintenance pendente lite and cost of litigation on the ground that in spite of the decree of restitution of conjugal rights the wife is staying with her parents and has not gone to her matrimonial home. In the application the wife has stated that she has no independent source of earning and she has to maintain herself. She has further stated that she is dependent upon her parents. She has further stated about the income of her husband.

(3.) Section 24 of the Act contemplates of grant of maintenance pendente lite and expenses of proceeding. The same reads as follows :-