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1999 Supreme(Bom) 289

B.B.VAGYANI
Vanmala w/o Maroti Hatkar – Appellant
Versus
Maroti Sambhaji Hatka – Respondent


JUDGMENT - B.B. VAGYANI, J.:---Heard Shri Mundhe, learned Advocate for the petitioner.

2. This Civil Revision Application raises a question as to what should be the approach of the Matrimonial Court in the matter of enforcement of the order with regard to interim alimony pendente lite.

3. The husband filed petition for divorce under section 13 of the Hindu Marriage Act, 1956 in the Court of the Civil Judge, Senior Division, Nanded. The wife appeared in the divorce proceedings. The wife has got one daughter. She is a penniless woman. She has no means for her survival. She was at the mercy of her brother. The wife filed an application under section 24 of the Hindu Marriage Act and moved the Matrimonial Court for interim alimony. The said application was resisted by the husband. However, the Matrimonial Court allowed the application of wife and granted interim alimony @ Rs. 100/- p.m. to the wife and Rs. 50/- p.m. to the daughter. The Court has also granted Rs. 100/- by way expenses of the proceedings for divorce.

4. The husband did not pay the interim alimony and the costs of the proceedings to the wife in spite of the order of the Court in that behalf. The helpless wife then filed an a








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