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1980 Supreme(Bom) 33

MEHTA
Kartarchand Dalliram Jain – Appellant
Versus
Taravati Kartarchand Jain – Respondent


Advocates:
A.N. Samant, for Petitioner; P.L. Nain, for Respondent.

ORDER :- This petition raises an interesting point of law with regard to the grant of maintenance pendente lite under S.24 of the Hindu Marriage Act, 1955.

2. The petitioner-husband filed a petition for divorce in the Bombay City Civil Court at Bombay, being M.J. Petition No.647 of 1977, against the respondent-wife on the ground that the respondent wife after the solemnization of the marriage had treated the petitioner with cruelty. After the filing of the petition the respondent-wife took out a Notice of Motion dated 31-10-1977 against the petitioner-husband for maintenance pendente lite under Section 24 of the said Act, claiming a sum of Rs. 1000/- per month. The Notice of Motion was argued on the footing that the amount of Rs. 1000/- per month was claimed by the respondent-wife not only for maintaining herself but also three daughters of the said marriage, who had attained majority. The learned Judge of the City Civil Court in a detailed judgment dated 9-3-1978 passed an order for maintenance pendente lite of a sum of Rs. 225/- per month for the respondent-wife and a sum of Rs. 175/- per month for each of the three daughters. It may be pointed out that the eldest daughter Sunita



















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