Decided on September 23,1983

VEENA RANI Respondents


A.B. Rohatgi, J. - (1.)The husband, Madan Mohan Behl, has brought a petition for divorce against the wife, Veena Rani. The petition is founded on one ground only. The ground is that the wife has ceased to be a Hindu. She has embraced Islam (Section 13(l)(ii) of the Hindu Marriage Act (the Act) ). The wife is contesting the petition. She has denied her conversation to Islam as alleged by the husband.
(2.)During the pendency of the petition the wife made an application under Sections 24 and 26 of the Act for maintenance for herself and the child. There is one child of the marriage. She is a girl, Ruchi by name. She is about 10 years old. She is studying in a school. This application was opposed by the husband mainly on two grounds : (1) that the wife had convened herself to Islam, and (2) that she has remarried. One Walia who is also a convert to Islam is said to have married her. Both these grounds were denied by the wife. There was nothing to show before the learned Additional District Judge that the wife has changed her religion or that she has remarried. So he made an order on 5-4-1983 that the husband shall pay to the wife Rs. 500.00 on account of maintenance pendente lite and Rs. 550.00 on account of litigation expenses. This was for the reason that the husband was employed on a salary of Rs. 2,450-60 in the Bank of India.
(3.)After this order was passed the husband filed some documents regarding the proceedings in Court where it is claimed that the wife has admitted her conversion to Islam as well as remarriage with Walia. An application for review was made to the Judge. The wife denied these documents. She stated categorically that she had neither converted herself to Islam nor had she remarried as alleged by husband. On 27-5-1983 the Judge dismissed the application for review. The husband has now come in revision against the order awarding the wife maintenance and litigation expenses.

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