RAM PAL Vs. NISHA

JUDGEMENT

(1.) The case comes up for orders on an application filed by the wife-respondent under S. 24 of the Hindu Marriage Act, 1955 (for short 'the Act') for grant of maintenance pendente lite and expenses of the proceedings already incurred by her and to be incurred by her in future from the husband-appellant.

(2.) It may be stated here that during the pendency of this matter before 'the learned District Judge, Bikaner, the wife-respondent did not claim the maintence pendente lite and the expenses of the proceedings, under S. 24 of the Act. However, the learned District Judge passed the decree of divorce in favour of the husband-appellant but that decree of divorce was set aside by a learned single Judge of this Court in S.B. Civil Misc. Appeal No. 243 of 1989 (Smt. Nisha v. Rampal, decided on Nov. 29, 1990). Hence, the husband-appellant has filed this D.B. Civil Special Appeal No. 2 of 1991, in which, the wife-respondent has filed this application under S. 24 of the Act.

(3.) We have heard Mr. R.K. Singhal, the learned counsel for the applicant (wife-respondent) and Mr. M.C. Bhoot, the learned counsel appearing for the non-applicant (husband-appellant) on the application under Section 24 of the Act and have carefully gone through the record of the case.