YASHPAL SINGH THAKUR Vs. ANJANA RAJPUT

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure the petitioner husband has called in question the defensibility of the Order D/- 29-10-1999 passed by the learned 4th Additional District Judge, Jabalpur in C.S. No. 368-A/98 whereby he has refused to entertain the application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') filed by the petitioner.

(2.) Sans unnecessary details the facts as have been unfolded are that the petitioner husband filed an application under Section 13(1)(i)(ia) of the Act for dissolution of his marriage with the non-applicant on the ground of adultery and mental cruelty. The marriage between them was solemnized on 30-5-1996 at Jabalpur according to the Hindu Rites and Rituals. The non applicant is working as Technical Assistant in the State Forest Research Institute, Jabalpur and her carry home salary is Rs. 4725/- p.m. It is not in dispute that the petitioner husband was working as a private Secretary in the High Court of M.P. from October 1995 to July 1997 but resigned from the said post on 14-7-1997. It is also the case of the non-applicant that in their wed-lock a son named, Prithvipal Singh was born. The petitioner has disputed to be the father of Prithvipal Singh. The Court after hearing the parties directed for blood grouping of the petitioner to find out the father-hood but that has not been done so far due to non-availability of money for paying the fees of blood grouping. In any case that is not the controversy in the present petition.

(3.) During the pendency of the proceeding the petitioner filed an application under Section 24 of the Act for grant of maintenance as well as litigation expenses. The aforesaid prayer was resisted by the non-applicant wife on the ground that the petitioner has resigned from the job from the High Court to accept a better job somewhere at Delhi. It is also put forth by her that the petitioner, if makes efforts, can earn much more as he is a Stenographer in English and, there is scarcity of English Stenographers at Jabalpur.