VAGISH KUMAR Vs. SANDHYA

JUDGEMENT

(1.) This civil revision by the husband is directed against order directing him to pay maintenance pendente lite and cost of litigation to the wife opposite party under Section 24 of the Hindu Marriage Act (in short 'the Act').

(2.) The suit seeking decree of divorce under Section 13 of the Act was filed by the husband-petitioner on 31-1-94. The application seeking interim maintenance etc. was filed on 20-6-96. The impugned order was passed on 9-7-96, made effective from March 1994 itself. The suit has since been disposed of on 23-8-96. The court below has granted the husband the decree of divorce but asked him to pay monthly allowance of Rs. 2500/- during her entire life and other expenses in terms of Section 25 of the Act. Such payment is to be made from the month of August 1996. It may be stated that the petitioner had preferred appeal being F.A. No. 478 of 1996 against the said judgment and order in this Court, which is pending.

(3.) Mr. Prabhat Kumar Jha learned Counsel for the petitioner, highlighted the fact that the divorce was sought on two-fold grounds, namely, cruelty and desertion by the wife, the latter of which has been found to be proved in the aforesaid final judgment. Therefore asking the petitioner to pay maintenance pendente lite under Section 24, or for that matter, maintenance under Section 25, was not correct exercise of discretion on the part of the Court. He also submitted that in any view the direction to pay cost of litigation @ Rs. 600 'per month' is contrary to the spirit of the provisions. Mr. Anil Kumar Jha, learned Counsel for the opposite party, submitted that the conduct of the party is not to be seen while passing order regarding payment of interim maintenance under Section 24.