Gopal Singh, J. - (1.) THIS is first appeal filed by Smt. Kamla Rani against her husband Raj Kumar from the order of Shri Harnam Singh, Sub -Judge 1st Class, Samrala fixing expenses for proceedings at Rs. 125 and monthly expenses by way of maintenance at Rs. 70 per mensem in favour of Smt. Kamla Rani against her husband on an application made by the former under Section 24 of the Hindu Marriage Act, 1955.
(2.) RAJ Kumar, the husband filed petition on May 21, 1968 against his wife, Smt. Kamla Rani under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. After the wife was served she made an application under Section 24 of the Hindu Marriage Act on November 21, 1968 for fixation of expenses of the proceedings and for monthly maintenance allowance for the period of proceedings of the petition on the ground that she had no independent income sufficient for her support and these expenses should be awarded to her against her husband. I have treated the date of November 21, 1968 as the date when the wife came to know about the pendency of proceedings under Section 9 of the Hindu Marriage Act. The Counsel for both the parties have not contested the correctness of that date as the date both for her service and her appearance in the proceedings under Section 9 of the Act. In course of hearing of the petition, there was recorded the evidence of Smt. Kusam Gupta, Head Mistress, Som Nath Arya Kanaya Pathshala, Ropar. She stated that the wife served as a teacher in her school from May 1, 1969 to August 31, 1969 receiving Rs. 223 per mensem as salary including allowances. The husband gave oral evidence by himself going into the witness box stating that she was employed as a teacher. The wife denied that fact except that she had served as a teacher in the Kanaya Pathshala, Ropar as proved by the evidence of Smt. Kusam Gupta. It was on the basis of that evidence that the trial Court fixed the above amount of Rs. 125 for litigation expenses and Rs. 70 per mensem as monthly maintenance allowance. The trial Court, however, granted monthly maintenance allowance payable from the date of the order. The present appeal is directed against that order confined only to the question that the sum of Rs. 70 per mensem fixed by the trial Court be also payable to the Appellant for the period of proceedings of petition under Section 9 of the Hindu Marriage Act earlier than the date of the order and not from the date of the order.
(3.) SECTION 24 of the Hindu Marriage Act, under which the amount of monthly maintenance allowance is being claimed by the wife runs as follows: 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.;