SOHAN LAL Vs. KAMLESH

JUDGEMENT

(1.) THIS is a revision petition directed against the order of the Subordinate Judge 1st Class, Chandigarh.

(2.) BRIEFLY, the facts are that Sohan Lal petitioner filed a petition under S. 9 of the Hindu Marriage Act (hereinafter called the Act) against his wife for restitution of conjugal rights. The respondent filed an application under Section 24 of the Act for grant of maintenance pendente lite and litigation expenses. After hearing the arguments on the said application, the Subordinate Judge adjourned the same for pronouncement of the order. The husband, before the pronouncement of the order withdrew the petition under Section 9 and consequently it was dismissed as withdrawn. The Court, in view of the dismissal of the petition, dismissed the application under Section 24 as having become infructuous. The wife filed an application for review of the order passed on the application under S. 24 stating that in view of the dismissal of the petition under S. 9, the application under Section 24 did not become infructuous.

(3.) THE review application was contested by the husband who inter alia pleaded that his wife had filed separate proceedings for maintenance under S. 125 of the Cri. P. C. , and the application was misconceived. He also pleaded that after the petition under S. 9 had been dismissed, the application under S. 24 could not survive.