ROSHAN LAL Vs. KHAMPA DEVI

JUDGEMENT

(1.) THIS first appeal under Section 28 of the Hindu Marriage Act is directed against the order of the District Judge, Kinnaur at Rampur purported to have been passed under Section 24 of the Hindu Marriage Act whereby he has awarded maintenance at the rate of 700/ per month in favour of the wife Smt. Khampa Devi.

(2.) THE brief facts necessary for decision of the case are that Khampa Devi (respondent) is married to Roshal Lal (Petitioner). She filed a petition for grant of maintenance in the Court of District Judge Kinnaur at Rampur Bushehr. This petition was filed as a pauper application under Section 33 of the Code of Civil Procedure read with Section 18 of the Hindu Adoptions and Maintenance Act. During the course of these proceedings, she filed another petition under Section 24 of the Hindu Marriage Act claiming interim maintenance. On this maintenance petition, the impugned order has been passed whereby the husband has been directed to pay Rs. 700/ per month as maintenance pendente lite and litigation expenses of Rs. 1,000/ . This appeal is by the husband.

(3.) THE main contention of Shri O.P. Sharma is that the District Judge had no jurisdiction to pass any order under Section 24 of the Hindu Marriage Act since no proceedings under the Hindu Marriage Act were pending before him. He further submits that even the original petition was not maintainable before the District Judge and the same should have been filed before the Civil Judge (Senior Division) concerned. Section 24 of the Hindu Marriage Act reads as follows: