Decided on January 04,2005

Smt. Jagumuni And Others Appellant
GOVINDRAM Respondents


V.K.Shrivastava, J. - (1.) Heard.
(2.) Respondent filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. In that case, Smt. Jagumuni-petitioner No. 1 filed an application under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite and expenses of proceeding, the Trial Court vide impugned order decided the application whereby the Trial Court allowed a sum of Rs. 500/- towards expenses of proceeding, but denied maintenance pendente lite on the ground that petitioner No. 1 is wilfully residing away from her husband. Aggrieved with the order, this revision has been preferred.
(3.) Under Section 24 of the Hindu Marriage Act a duty has been cast on the Court that if the Court finds that either wife or husband has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding and maintenance. The Trial Court came to the conclusion that petitioner No. 1 has no sources of income whereas the respondent has means by which he can maintain himself and his family, therefore, the Trial Court although awarded expenses of proceeding Rs. 500/-, but denied payment of maintenance on the ground that the petitioner is living separately on her own accord. Whether petitioner has withdrawn from the society of her husband without having sufficient ground is to be decided on merit and not required to be decided at this juncture. Therefore, when the Trial Court has allowed expenses of proceeding, it was its duty to allow reasonable amount towards maintenance. The learned Trial Court disallowing maintenance has exercised its jurisdiction illegally.;

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