SMT. JIWAN LATA Vs. SHRI KRISHAN KUMAR

JUDGEMENT

(1.) THIS is a petition under section 24 of the Hindu Marriage Act on behalf of Smt. Jiwan Lata for the grant of maintenance pendent lite and litigation expenses. The learned counsel for the respondent has referred me to the findings recorded by the learned District Judge to the effect that Smt. Jiwan Lata was living unchaste life with Romesh Kumar (P.W. 5.) and has contended that she is not entitled to any maintenance. The learned counsel for the respondent relies on a decision of this Court reported in Mahabir Singh v. Smt. Maya Devi, 1978 R.L.R. 312, to contend that an unchaste wife is not entitled to any maintenance.

(2.) THE learned counsel for the applicant, on the other hand, contends that Romesh Kumar P.W. is the cousin of the appellant. I have gone through the findings recorded by the learned trial Court who categorically recorded a finding that the appellant was living an unchaste life with Romesh Kumar P.W. In view of this finding, in my opinion, the appellant is not entitled to claim any maintenance. In case she succeeds in appeal and this finding is reversed, it will be open in that case for the Court to pass proper orders regarding the grant of past maintenance to her and also regarding the litigation expenses. I order accordingly.