PAMPA DAS Vs. SANJIB DAS

JUDGEMENT

(1.) In this revisional application under Article 227 of the Constitution of India Order No. 18 dated May 17, 2004 passed by Mr. A.K. Das, learned Judge, Family Court, Calcutta in Matrimonial Suit No. 65 of 2003 has been impugned.

(2.) By the order impugned the learned Judge rejected an application for maintenance pendente lite and expenses of proceedings filed by the wife under section 24 of the Hindu Marriage Act, 1955, inter alia, with the findings that the wife left her matrimonial home at her own Will and without any sufficient reason and as she had made complaints to the police, she was not entitled to maintenance under section 24 of the Hindu Marriage Act, 1955.

(3.) The moot point involved in this application is that whether for the purpose of awarding maintenance pendente lite and expenses of the proceedings the conduct of the applicant is relevant?