Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 6.10.2009 passed by learned trial court dismissing the application filed by Petitioner -wife for interim maintenance under Section 24 of the Hindu Marriage Act (for brevity 'the Act') in main petition for divorce under Section 13 of the Act filed by the Respondent -husband against Petitioner -wife.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial court. Admitted facts are that Petitioner -wife is residing in United State of America. The present petition has been filed through her power of attorney. Even in the main petition, Petitioner is appearing through attorney. It is pertinent to reproduce Section 24 of the Act, which reads as under: 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.
(3.) VERY perusal of the aforesaid provision shows that ad -interim maintenance under Section 24 of the Act is to be allowed to a party of the litigation, who is having no independent income sufficient for her or his support and the necessary expenses of the proceedings.;