MALKIAT SINGH Vs. DARSHAN KAUR

JUDGEMENT

(1.) This revision petition is directed against the order dated 3rd November, 2000 passed by the learned District Judge, Jalandhar, whereby the application of respondent-wife filed under sections 24 and 26 of the Hindu Marriage Act, 1955 (for short 'the Act') has been allowed and litigation expenses of Rs. 2000/- and maintenance pendente lite at the rate of Rs. 1000/- per month payable from the date of application i.e. 14th September, 2000 has been given.

(2.) I have heard Shri S. P. Soi, Advocate for the petitioner and Shri Arun K. Bakshi, Advocate for the Respondent.

(3.) Shri S. P. Soi, learned counsel for the petitioner-husband has submitted that once a decree of divorce at the instance of the respondent-wife has been passed by the learned District Judge on 3rd June, 1996, there is no subsisting relationship of husband and wife between the parties. He further contended that there is express averment made in the application for maintenance under section 24 of the Act that the wife has remarried after getting divorce so the question of grant of maintenance under sections 24 or 26 of the Act would not arise.