ANUPAM CHAUDHARY Vs. RAVEEN MOHAN CHAUDHARY

JUDGEMENT

(1.) THIS order will dispose of an application tiled under Section 24 of the Hindu Marriage Act. Some of the facts which are not disputed are as under.

(2.) DIVORCE was granted by the trial Court on an petition under Section 13-B of the Hindu Marriage Act. The said petition was supported by affidavits filed by both the parties and thereafter the Court also recorded statements of the parties In the statement of the wife Smt. Anupam Chaudhary it was specifically admitted that she will have no further claim for maintenance.

(3.) APPEAL stands admitted on the ground that consent for the divorce was obtained by fraud. It is not necessary at this stage to refer to the merits of the appeal. Only a petition under Section 24 of the Hindu Marriage Act is under consideration at this stage. It is asserted on behalf of the husband that when the matter was settled a sum of Rs. 1,00,000/- was paid the wife Smt. Anupam Chaudhary. This fact is denied. There is no mention in the proceedings of trial Court regarding payment of this amount. Section 24 of the Hindu Marriage Act reads as under : " 24 Maintenance pendente lite and expenses of proceedings:- Where in any proceedings under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may teem to the court to be reasonable. "