LAWS(CAL)-1958-6-11

SOBHANA SEN Vs. AMAR KANTA SEN

Decided On June 09, 1958
SOBHANA SEN Appellant
V/S
AMAR KANTA SEN Respondents

JUDGEMENT

(1.) This appeal is against an order made by the District Judge, 24-Parganas on an application by tile wife for maintenance pendente lite and expenses of proceedings, under Section 24 of the Hindu Marriage Act, 1955. The husband started the proceedings under the Hindu Marriage Act and prayed for a decree of divorce. In the application under Section 24 of the Act, the wife, who is the appellant before us made a prayer for a sum of Rs. 3000 "or such other Bum as the Court may think reasonable and sufficient'' for the expenses of this suit and Rs. 650/-per month for her maintenance during the pendency of the proceedings. The learned District Judge has made an order directing the husband to pay maintenance pendente lite at the rate of Rs. 200/-per month with effect from the 1-5-1956. As regards the prayer for expenses of the proceedings, e passed the following order :

(2.) The wife now contends in appeal against the order that the amount of the maintenance pendente lite or the expenses for the proceeding are inadequate.

(3.) A preliminary objection was taken by Mr. Das Gupta on behalf of the husband. His contention is that no appeal lies against the order made by the learned Judge. This is an important question which requires careful consideration.