Anjani Kumar, J. - (1.) Heard learned counsel for the petitioner.
(2.) The petitioner-husband, plaintiff in a matrimonial suit, aggrieved by an order passed by the Family Court on an application filed by the wife-defendant under Section 24 of the Hindu Marriage Act, whereby the Family Court has granted a sum of Rs. 1,500/- per month as interim maintenance and a lump sum amount of Rs. 2,000 for contesting litigation, approached this Court by means of this writ petition under Article 226 of the Constitution of India.
(3.) Learned counsel for the petitioner has submitted that the court has not considered the fact that husband has not independent source of income and further that he is fully dependant on his father, therefore, the order impugned deserves to be quashed. The provision of Section 24 of Hindu Marriage Act is reproduced below: "24 . Maintenance pendente lite and expenses of proceedings.-Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, 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 monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable : Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.";