SHRIMATI HARDEV KAUR Vs. SHRI PANJRATTAN SINGH

JUDGEMENT

(1.) THIS order will dispose of F.A.Os Nos. 60 -M of 1961 and 65 -M of 1962. Both these appeals have arisen in the following circumstances.

(2.) THE respondent, Shrimati Hardev Kaur, before the trial Court is the appellant and the petitioner, Panj Rattan Singh, is the respondent in these appeals. An application was made under section 12 of the Hindu Marriage Act, 1955 by the petitioner, Panj Rattan Singh praying that the marriage with the respondent be declared a nullity. An application under section 24 of the Act was made by the wife for interim maintenance and for litigation expenses. A similar application was also made by the husband. The trial Court allowed the wife's application and dismissed that of the husband. Rs. 100/ - were fixed as interim maintenance and Rs. 750/ - as litigation expenses. Maintenance was to be paid with effect from the 27th November, 1959. The amount, however, was not paid and before any execution could be taken, an application was made by the husband under Order 23, rule 1 of the Code of Civil Procedure that he may be permitted to withdraw his application under section 12 of the Act. This application was allowed on the 13th March, 1982, and the following order was passed :

(3.) F . A. O. No. 60 -M of 1961 is filed against the order dated the 4th March, 1961, fixing the interim maintenance. The claim in appeal is that the amount of maintenance fixed as well as the amount of litigation expenses be enhanced.