NICHHATTAR SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) This is a first appeal against the order of the learned Sub Judge 1st Class, Ambala, vide which Mst. Surjit Kaur, petitioner-Respondent was allowed Rs. 250/- as litigation expenses and Rs. 50/- per mensem as maintenance Pendente Lite with of effect from 21-3-1974 in the proceedings filed by her under section 25 of the Hindu Marriage Act (hereinafter referred to as the Act).

(2.) Mst. Surjit Kaur, after having obtained a decree for the restitution of conjugal rights against her husband Nichhattar Singh from the court, filed a petition under section 25 of the Act claiming permanent alimony from her husband. During the pendency of the application under Section 25 of the Act, Mst. Surjit Kaur filed an application under section 24 of the Act saying that she has no movable or immovable property nor any other source of income so as to enable her to meet the litigation expenses, while her husband is employed in the Civil Hospital and is getting Rs. 500/- per mensem as pay and also earns a sum of Rs. 250/- P. M. by running a piggery and that she should be allowed Rs. 400/- as litigation expenses and Rs. 250/- P.M. as maintenance pendente lite.

(3.) Nichhattar Singh contested the claim of Surjit Kaur under section 24 of the Act and pleaded that such an application is not maintainable. He denied the other allegations made by Surjit Kaur.