SHAKUNTALA Vs. AMAR NATH

JUDGEMENT

(1.) THE order of Mrs. Sudarshan Modi, Subordinate Judge, First Class, Jullundur, dated May 7, 1976, fixing the maintenance allowance of the petitioner at Rs. 30 per mensem and litigation expenses payable to her at Rs. 125 under S. 24 of the Hindu Marriage Act is set aside on the short ground that the order is not supported by any reasons. She has not referred to any affidavit or counter-affidavit of the parties, nor has she stated that she believes or disbelieves or partially believes or disbelieves any of the affidavits or any evidence led by the parties. An order of this type, which does not contain either the facts or the grounds on which it is based is no order in the eye of law.

(2.) I , therefore, allow this revision petition, set aside the order of the trial Court and direct it to redecide the application of the petitioner under S. 24 of the Act in accordance with law. Further proceedings in the main case shall remain stayed in the trial Court till the application of the petitioner under S. 24 is decided and the amount assessed payable to the petitioner therein is paid out by the husband to her. The parties are left to bear their own costs.