KRISHNA KUMAR Vs. SHOBHA DEVI ALIAS SHOHBA DEVI

JUDGEMENT

(1.) HUSBAND -petitioner, being aggrieved by the order dated 17.8.2005 passed by the Principal Judge, Family Court, Patna in Misc. Case No. 2 of 2002 awarding interim maintenance of Rs. 2000.00 per month to the wife from the date of filing of the petition besides litigation expenses of Rs. 3000/ -, has preferred this application.

(2.) SHORT facts, necessary for the decision of the present application, are that the petitioner filed application for dissolution of the marriage between him and his wife -Opposite Party No. 1 held on 11.3.1993 by a decree of divorce on the ground of cruelty. The Principal Judge, Family Court, Patna, by judgment dated 29th of November, 2001 passed in Matrimonial Case No. 245 of 1996, granted the prayer of the husband and the marriage solemnised between the party was dissolved by a decree of divorce. Wife -Opposite Party No. 1 filed application for setting aside the aforesaid ex parte decree under Order IX Rule 13 of the Code of Civil Procedure. During the pendency of the said application, she filed application on 3.8.2004 for maintenance pendente lite and expenses of the proceeding under Sec.24 of the Hindu Marriage Act.

(3.) MR . P.K. Verma, learned Counsel appearing on behalf of the petitioner, contends that the order passed by the Principal Judge under Sec.24 of the Hindu Marriage Act, hereinafter referred to as the 'Act ', is clearly illegal and completely without jurisdiction and hence, calls for interference by this Court in exercise of its revisional jurisdiction. He points out that under Sec.21 of the Act all the proceeding under the Act is to be regulated by the provisions of the Code of Civil Procedure but the converse is not true. He submits that a proceeding under Order IX Rule 13 of the Code of Civil Procedure for setting aside an ex parte decree can not be said to be a proceeding under the Act.