I.S. Tiwana, J. - (1.) This petitioner is directed against the order of the Senior Subordinate Judge, Chandigarh, dated Dec. 14, 1979, where by he declined to pass any order on an application filed by the petitioner Mohiuder Kaur under section 24 of the Hindu Marriage Act. In order to resolve the controversy, the following facts deserve to be taken notice of.
(2.) Petitioner Mohinder Kaur filed an application under section 9 of the Hindu Marriage Act here in after referred to as the Act) against her husband Vakil Chand. During the pendency of these proceedings, she put in a claim under section 24 of the Act for the grant of litigation expenses and maintenance pendente lite. On putting in appearance, the respondent husband filed an application purported to be under section 23, sub. section (2) of the Act praying that an effort be made for reconciliation and till the finalisation of that effort, no order be passed on the application filed by the petitioner under section 24 of the Act. In reply to this application of the respondent, the petitioner took up the stand that since she had to cone from a distant place in Himachal Pradesh to attend the proceedings in Court and had no means to bear those expenses, the necessary order her prayer under section 24 of the Act be passed before directing her to be present in Court for purposes of reconciliation proceedings. The plea of her was negatived and the prayer made on behalf of the respondent husband was allowed on the ground that the provisions of sub-section (2) of section 23 of the Act provided that before any relief could be granted to the petitioner under the Act, the Court was duty-bound to make an effort for reconciliation and thus before granting the relief under section 24 of the Act unless the petitioner puts in appearance in person, no order on her application under section 24 of the Act could be passed. The Court further directed the parties to appear in person on Jan. 10, 1980.
(3.) At the time of motion hearing on Aug. 5, 1980, while issuing notice to the respondent, I had stayed the proceedings in the trial Court.;