PURUSOTTAM DAS AGARWALA Vs. PUSPA DEVI

JUDGEMENT

(1.) In a pending action under Section 13 of the Hindu Marriage Act by the husband against wife, an application under Section 24 of the Act was made asking for interim maintenance as also litigation expenses. By the impugned order dated 13-1-1981, the learned Subordinate Judge has directed that maintenance for the wife should be at the rate of Rs. 150 per month, maintenance for the child living with wife should be at the rate of Rs. 100 per month and consolidated sum of Rs. 500 could be paid as litigation expenses. Mr. Murty appearing for the petitioner contends that in an application under Section 24 of the Act, maintenance for a child is not contemplated and he also relies on the feature that the child here is said to be not born out of the wedlock, He also contends that the expense of Rs. 500 as awarded is excessive.

(2.) So far as the first contention is concerned, I would agree, The award of maintenance for a child is not within the purview of Section 24 of the Act and accordingly I would delete the direction for payment of maintenance to the child. I do not propose to interfere with the quantum of litigation expenses as ordered to be paid.

(3.) The suit has been pending for quite some time. The learned Subordinate Judge shall have a direction to dispose of the suit before closure of the Court for the long vacation. There shall be no direction for costs. Order accordingly.