SHEELA SEN Vs. HITENDRA SEN

JUDGEMENT

(1.) This revision is directed against the order of Shri N. S. Shandil, District Judge, Simla Division, dismissing the application of the petitioner under section 24 of the Hindu Marriage Act.

(2.) The husband (respondent) filed a petition for grant of a decree of divorce on 29th September, 1976. The wife (petitioner) filed an application under section 24 for the grant of maintenance pendente lite and expenses of the proceedings. She asked for Rs. 5,000/ - towards the expenses and a sum of Rs. 2,000/ - for her maintenance with effect from 30th December, 1976. She averred that she had no independent income of her own whereas the husband, erstwhile Ruler of Keonthal, had an annual income of Rs.90,000/ -. The husband resisted the application and alleged that the wife had a fixed deposit of Rs. 22,000/ - in Grindlays Bark Ltd., Simla from which she was drawing interest at the Bank rate. She was stated to have another fixed deposit of Rs. 10,000/ - in this Bank. It was also averred that a valuable thick deodar forest land, measuring 95 bighas and 2 biswas, situated at Junga, is owned by her, and that she had entered into an agreement with one Shri Anand Swaroop Goel for the sale of the standing trees of various classifications.

(3.) The parties examined themselves in support of their allegations. The petitioner admitted that she had Rs. 22,000/ - with Grindlays Bank in fixed deposit which she had withdrawn and had deposited in her saving bank account after the respondent had filed a petition for divorce. She produced the passbook for the scrutiny of the court. She admitted that annual interest on this deposit was Rs. 990/ -. She, however, explained that the husband had stopped supporting her since December, 1975 and she had to withdraw the amount to maintain herself. She had to spend about Rs. 1000/ - or Rs. l,500/~ to purchase utensils, and in the month of August, 1976 she had to go to Chandigarh and get medical treatment from Dr. Subash and Mrs. Dr. Subash. It cost her about Rs. 5,000/ -. She admitted that these Rs. 22,000/ - was the advance from one Shri Hari Ram of Chail to when a few timber trees had been sold out of the forest land which had been given to her by the husband. She was not asked any question about her alleged fixed deposit of Rs. 10,000/ -nor the husband swore to any such deposit.