KRISHNA DEVI Vs. ANGAD SINGH

JUDGEMENT

(1.) This petition has been filed against the order of the learned District Judge, Sangrur, dated May 5, 1978, by which the application filed by the petitioner under section 24 of the Hindu Marriage Act (hereinafter referred to as the Act') was dismissed. After hearing the learned counsel for the parties, I am of the view that this petition deserves to be allowed. From a bare reading of the impugned order it appears that the learned District Judge has not considered the affidavit filed by the parties at all. The finding recorded by the learned District Judge is that from the Jambandi for the year 1971-72 it appears that the petitioner had 1/7th share in 63 Bighas and 12 Biswas of land. Even if this fact is correct then also that would not solve the matter as a finding has not been recorded that the petitioner has been getting any income out of the share, which is alleged to he owned by her from the land measuring 63 Bighas and 12 Biswas. The learned District Judge has, in a cryptic manner, disposed of the application filed by the petitioner and such an order cannot lagally be sustained. Consequently. I allow this petition, set aside the impugned order of the learned District.; Judge, Sangrur, dated May 5, 1978 and send back the case to him for deciding the application filed by the petitioner under section 24 of the Act afresh after affording full opportunity of hearing to the parties.

(2.) The parties have been directed to appear before the trial Court, through their learned counsel, on July 18, 1978, which date has already been fixed before the trial Court.