KULWINDER KAUR Vs. DALJIT SINGH

JUDGEMENT

(1.) This is an application under Sec. 24 of the Hindu Marriage Act by Kulwinder Kaur, the wife challenges the decree passed by the first matrimonial Court dissolving her marriage with Daljit Singh, respondent. It is alleged by the applicant that she has no property, moveable or immovable, and no means of subsistence. It is further alleged by the applicant that she was granted Rs. 250.00 per mensem as maintenance pendente lite by the first Matrimonial Court.

(2.) The application is resisted on the ground that the wife applicant had made a similar claim under Sec. 125 Code Criminal Procedure before a Judicial Magistrate Ist Class at Jalandhar claiming maintenance for herself as also for her two minor children. It transpires that she was successful in obtaining an order under Sec. 125 Code Criminal Procedure in her favour and the husband was ordered to pay a sum of Rs. 250.00 per mensem to the applicant-wife and Rs. 100.00 per mensem to the minor-children. On revision to the Court of Session, the maintenance granted to the minor-children were upheld but the maintenance granted to the wife-applicant could not be sustained. It is stated at the bar that criminal revision No. 192 of 1988 preferred by the applicant-wife stands admitted by this Court and the matter is again open.

(3.) Having regard to the litigious course, which the parties have followed, as also for the reasons which have led to the divorce, the wife-applicant cannot be denied maintenance on the suppositions that the case set up by the husband as a defence in the maintenance application under Sec. 125 Code Criminal Procedure is true. It would not be appropriate to detail the allegations of the husband as the matter is sub judice. In these circumstances, interest of justice would be met if the order of maintenance pendente lite granted by the first Matrimonial Court is activated while the appeal is pending here. It is thus ordered that from the date of application, the applicant is entitled to a sum of Rs. 250.00 per mensem as maintenance pendente lite. Let the husband respondent pay a sum of Rs. 1,500.00 as litigation expenses to the wife besides the maintenance.