Decided on May 22,1986

MOOL RAJ Appellant
KAMLA DEVI Respondents


- (1.) SH Mool Raj filed an application for restitution of conjugal rights under sec. 9 of the Hindu Marriage Act, (for short Act hereafter), against his wife, Smt. Kamla Devi, in the court of Additional District Judge, Jammu. During the course of the proceedings Smt. Kamla Devi moved an application under sec. 30 of the Act for grant of maintenance to her during the pendency of the petition as she had no independent source of income, sufficient to maintain herself or pay the litigation expenses.
(2.) THE Trial Court after obtaining objection from her husband and allowing them to lead evidence and hearing them allowed her Rs. 800/ - as litigation expenses and Rs. 600/ - p. m. for her maintenance. Aggrieved by this order, petitioner has come up in revision before this Court.
(3.) I have heard the learned counsel for the parties, and perused the record. The first legal point canvassed before me by the learned counsel for the petitioner is that in accordance with S. 25 of the Act, the Trial Court was required to conduct the trial as expeditiously as possible and to dispose of the petition within six months, which procedure has been violated in the present case. According to him there is a word SHALL occurring in clause (1) of the said section requiring the Trial Court to have day to day hearing untill the conclusion of the trial and this mandatory provision has also not been followed. He has referred to an authority of this Court, AIR 1975 J&K 83 in this regard.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.