KRISHNA Vs. NATHU RAM

JUDGEMENT

(1.) This revision petition has been filed by Smt. Krishna against the order of the District Judge, Hissar dated November 20, 1975, dismissing her application for maintenance pendente the and expenses of litigation under section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act).

(2.) Briefly the facts are that Nathu Ram respondent filed an application for restitution of conjugal rights under section 9 of the Act against his wife Smt. Krishna. During the proceedings Smt. Krishna filed an application against her husband for maintenance pendent lite and expenses of the litigation under section 24 of the Act. It was stated therein that she was not in a position to maintain herself and that she had no source of income. The application was contested by the husband who denied the allegations of his wife. The learned District Judge held that the husband had no independent source of income out of which he could maintain his Wife and consequently be dismissed the application. The wife has come up in revision against that order.

(3.) It is contended by Mr. Jain, learned counsel for the petitioner, that his client had produced on the record a jamabandi showing that the father of the respondent was having 181 kanals 8-1/2 marlas of land. He argues that the aforesaid land is a joint Hindu family property and, therefore, the respondent cannot he allowed to say that he had no property. He forcefully contends that he being a member of the Joint Hindu Family, had share in that property.