MALKAN RANI Vs. KRISHAN KUMAR

JUDGEMENT

(1.) IN October 1958 Krishan Kumar applied under Section 9 of the Hindu Marriage Act, 11955, for restitution of conjugal rights against his wife Mst. Malkan Rani. The wife made an application under Section 24 of the Hindu Marriage Act for her maintenance pendents lite and for expenses to defend herself. The learned Senior Sub Judge Ambala, by order dated 6-2-1959 directed the husband to pay Rs. 40/- per mensem as maintenance pendente lite with effect from 1-2-1959 and to pay to her another sum of Rs. 150/- as litigation expenses. The learned Judge further directed him to pay this amount on or before 6-3-1959 failing which the wife would be at liberty to realise this amount by taking execution proceedings. The husband has not paid the maintenance nor litigation expenses. Mst. Malkan Rani then applied to the Court that proceedings in the suit should be stayed till the payment of these amounts because otherwise she could not defend herself. This petition was rejected on the ground that she could enforce the order only in execution proceedings and that there was no provision in the Hindu Marriage Act under which the husband could be compelled to pay this amount by stay of the proceedings. Dissatisfied with this order Mst. Malkan Rani appealed to this Court. The appeal came before Dua J. who referred it to a larger Bench and it has now come before us for decision.

(2.) THE only point that requires determination in this case is whether or not the proceedings in the suit filed by the husband for restitution of conjugal rights could be stayed till the husband paid the amount which he had been ordered to pay under Section 24 of the Hindu Marriage Act.

(3.) THE Indian Legislature by enacting the Hindu Marriage Act (Act 25 of 1955) has codified the law relating to marital relations among Hindus. Section 21 of the Act makes the provisions of the Code of Civil Procedure applicable to proceedings under this Act Section 24 relates to maintenance pendente lite and expenses of proceedings. It reads: