KAMLESH Vs. RAM DAYAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This application has been seriously contested and resisted by Sh. T.S. Chauhan, learned counsel for the respondent-husband. According to him, appellant-applicant is not at all entitled to any maintenance what-soever in the peculiar circumstances of this case as she is living in adultery. Per him, if prayer made in this application is allowed it will tantamount to putting premium on the acts of an adulteress like the appellant-applicant. With a view to support his this plea Sh. Chauhan placed reliance on the statement of PW 2 Smt. Kamla Devi. Per him, she is none-else but mother of the applicant.

(3.) This position was seriously contested and resisted by Mr. Thakur, appearing on behalf of the applicant. According to him adulteress conduct on the part of the appellant-applicant is not at all relevant while considering the question of allowing the maintenance pendente lite as well as litigation, expenses under Section 24 of the Hindu Marriage Act. Relevant consideration in such a situation is one whether the applicant has or has no independent income sufficient for maintenance and for expenses of proceedings. If this is the factual situation, then adulteress conduct on the part of a party like the applicant loses its significance.