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1982 Supreme(Bom) 301

C.S.DHARMADHIKARI
Dilipbhai Chhaganlal Patel – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---The respondent No. 2 Bhanumati filed a petition under section 13 of the Hindu Marriage Act, 1955, for divorce. She also took out a notice of motion bearing No. 4551 of 1981 for interim alimony under section 24 of the Hindu Marriage Act. It appears that initially the said notice of motion came to be decided ex parte. However, the said ex parte order was set aside and ultimately after hearing both sides the learned Judge of the City Civil Court, Bombay by his order dated 20th January, 1982 made the notice of motion absolute and granted Rs. 150/- per month as interim maintenance to the petitioner-wife from 1st October, 1981. He also granted Rs. 500/- towards expenses. It is this order of the City Civil Court, Bombay which is challenged in this writ petition.

2. Shri Vyas the learned Counsel appearing for the original respondent-husband contended before me that the order passed by the learned Judge of the City Civil Court, Bombay is without jurisdiction since the learned Judge has failed to follow the mandatory provisions of section 23(2) and (3) of the Hindu Marriage Act. According to Shri Vyas unless this procedure was followed it was not open to t











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