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1987 Supreme(Cal) 139

A.M.BHATTACHARJEE, AJIT KUMAR NAYAK
GITA – Appellant
Versus
PROBHAT KUMAR – Respondent


Advocates Appeared:
ASIT KUMAR BHATTACHARJI, BHASKAR BHATTACHARYA, INDRAJIT MONDAL

BHATTACHARJEE, J.

( 1 ) THE petitioner wife, who is the respondent in this appeal, has filed this application under S. 24, Hindu Marriage Act, for maintenance pendente lite and expenses of this appeal against the husband who is the appellant in this appeal. In the Court below, the husband did not contest the wife's application for pendente lite maintenance and on consent of the parties, the Court passed an order directing the husband to pay a sum of Rs. 350/- per month as maintenance during the trial. Before us, however, the present application by the wife respondent for pendente lite maintenance during the period of this appeal and for expenses for this appeal has been very seriously opposed by the husband-appellant on the ground that he has now come to learn that the wife owns two pieces of valuable lands in Calcutta and as such she cannot be regarded to be one who "has no independent income sufficient for her support" within the meaning of S. 24, Hindu Marriage Act, and is, therefore, not entitled to invoke that Section.

( 2 ) THE wife has not denied that she owns those two plots of lands but has averred in her affidavit that those two plots of vacant land measuring about 3 Co









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