NIRMLA DEVI Vs. RAM DASS

JUDGEMENT

(1.) THIS is an appeal against an order of the Court of first instance dismissing an application filed by the appellant for maintenance pendente lite and expenses of proceedings under Section 24 of the Hindu Marriage Act, 1955, (hereinafter briefly referred to as 'the Act' ).

(2.) SHRI Suraj Parkash Gupta, the learned counsel for the respondent, has raised the preliminary objection that no appeal is competent against an order passed by the trial Court under Section 24 of the Act. It has, however, been held by two single Benches of this Court in Dr. Tarlochan Singh v. Smt. Mohinder Kaur, AIR 1961 Punj 508 and Sunder Singh v. Smt. Manna Sunder Singh, AIR 1962, Punj 127, that an order awarding maintenance pendente life and expenses of proceedings under Section 24 would be appealable under Section 28 of the Act. There is a conflict of decision amongst the order High Courts but I see no reasons why I should not follow the two rulings of this Court on the point. The objection raised by Shri Gupta is, therefore, overruled.

(3.) THE appellant's husband Shri Ram Dass respondent had filed a petition against the appellant in the trial court on 7-10-1969 for restitution of conjugal rights under Section 9 of the Act. The appellant had been served with notices that petition on 5-12-1969 and had filed her application for interim maintenance and litigation expenses on 14-1-1970. When the case was called for hearing on 19-21970, ram Dass, husband of the appellant, was absent and his petition under section 9 of the Act was dismissed with costs in default of his appearance. The two counsel appearing for the appellant, however, insisted that orders should be passed on the appellant's petition under Section 24 of the Act. The learned court of first instance was of the view that the main proceedings having terminated, there was no question of passing any orders for interim maintenance and that the costs of litigation, which had been allowed to the appellant, could be realised in execution proceedings.