KAMLA RANI Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS is first appeal filed by Smt. Kamla Rani against her husband Raj Kumar from the order of Shri Harnam Singh, Sub -Judge 1st Class, Samrala fixing expenses for proceedings at Rs. 125 and monthly expenses by way of maintenance at Rs. 70 per mensem in favour of Smt. Kamla Rani against her husband on an application made by the former under Section 24 of the Hindu Marriage Act, 1955.

(2.) RAJ Kumar, the husband filed petition on May 21, 1968 against his wife, Smt. Kamla Rani under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. After the wife was served she made an application under Section 24 of the Hindu Marriage Act on November 21, 1968 for fixation of expenses of the proceedings and for monthly maintenance allowance for the period of proceedings of the petition on the ground that she had no independent income sufficient for her support and these expenses should be awarded to her against her husband. I have treated the date of November 21, 1968 as the date when the wife came to know about the pendency of proceedings under Section 9 of the Hindu Marriage Act. The Counsel for both the parties have not contested the correctness of that date as the date both for her service and her appearance in the proceedings under Section 9 of the Act.

(3.) SECTION 24 of the Hindu Marriage Act, under which the amount of monthly maintenance allowance is being claimed by the wife runs as follows: