A. M. BHATTACHARJEE, J.

( 1 ) WE have given our anxious consideration to the submissions so fairly and forcefully made by Mr. Banerjee, the learned counsel for the petitioner, but we are satisfied that we cannot but decline to intervene in revision initiated by the petitioner-husband against an order of maintenance pendente lite passed against him in favour of his wife and minor child.

( 2 ) THE learned Judge having perfect jurisdiction to grant pendente lite maintenance under S. 24 and S. 26 of the Hindu Marriage Act, this is not a case of illegal assumption of jurisdiction within the meaning of S. 115 (1) (a) of the Code of Civil Procedure. The learned Judge having exercised that jurisdiction and passed order of maintenance, this is also not a case of non-exercise of or failure to exercise jurisdiction within the meaning of S. 115 (1) (b) of the Code. And the learned Judge having considered and assessed the materials on record in coming to his finding and not having acted in breach of any provisions of law and also not having committed any error of procedure, this is also not a case of illegal or irregular exercise of jurisdiction within the meaning of S. 115 (1) (c) of the Cod

Click Here to Read the rest of this document