SUNITA JAIN Vs. SURESH KUMAR JAIN

JUDGEMENT

(1.) This revision-petition has been filed against the order under Sec. 24 of the Hindu Marriage Act, dated 15-12-1988, passed by First Additional Judge to the Court of District Judge, Durg, in Civil Suit No. 72-A/88.

(2.) The facts of the case are that non-applicant, Suresh Kumar Jain, is the husband of the applicant, Smt. Sunita Jain. The marriage took place on 19-6-1987 at Durg. They lived together till 12-12-1987. The applicant Smt. Sunita Jain is now living in Yeotmal (Maharashtra) with her parents while Suresh Kumar Jain lives in Durg.

(3.) On 4-1-1988, Suresh Kumar Jain filed a suit under Sec. 12(1)(b) of the Hindu Marriage Act, 1955 for annulment of marriage. In the alternative he claimed a decree of divorce under Sec. 13(1)(iii) alleging that the applicant (herein) has been incurably of unsound mind and had been suffering from mental disorder to such an extent that the husband cannot reasonably be expected to live with her. The summons were served on her in Feb., 1988 and she made her appearance in the Court on 16-3-1988. She filed an application claiming maintenance pendente lite and expenses for proceedings under Sec. 24 of the said Act. She claimed Rs. 15,000.00 as litigation expenses and Rs. 1,500.00 per month as monthly expenses.