JAMNA DASS Vs. SAHIBOO

JUDGEMENT

(1.) THIS is an appeal directed against the order of Shri T. R. Handa, District Judge, Simla Division, directing the appellant to pay Rs. 100/- to the respondent towards her litigation expenses and Rs. 50/- per month as maintenance with effect from November 1, 1973.

(2.) THE respondent's wife has filed a petition under Section 10 of the Hindu Marriage Act against the appellant husband praying for a decree for judicial separation. It appears that during the pendency of the petition the wife applied under Section 24 of the Act for payment of a sum of money for meeting litigation expenses and as maintenance allowance during the pendency of her petition. The application made under Section 24 was opposed by the husband. The learned District Judge called for affidavits from the parties for determining whether relief should be granted to the wife. He found that the affidavits were vague, and therefore he called for particulars from the parties in respect of the property owned by them. Thereafter, he made the impugned order directing the payment of litigation expenses and maintenance.

(3.) ORDINARILY , in the circumstances, this case would have called for a remand to the court below. But having regard to the circumstances, and in particular that the material is already on the record before me, it is appropriate that the case should be decided here.