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1961 Supreme(Cal) 91

BANERJEE
Anita Karmokar – Appellant
Versus
Birendra Chandra Karmokar – Respondent


Advocates appeared:
Amarendra Mohan Mitra, Arunendra Nath Basu, Bhabesh Chandra Mitter,

JUDGMENT

1. In May, 1960, Birendra Chandra Karmokar, the Opposite party, filed an application, under section 9 of the Hindu Marriage Act, 1955, (hereinafter referred to as the Act) for restitution of his conjugal rights with the petitioner No. 1 and for injunction against petitioner No. 2, the mother of petitioner No. 1, restraining her from interfering therewith or standing in the way thereof. The said application was registered as Matrimonial Suit No. 93 of 1960 5 of 1960. The petitioners filed a joint written statement objecting to the prayer for restitution of conjugal rights, inter alia, on the plea of cruelty, to the petitioner No. 1, by the opposite party and the members of his family.

2. On August 18, 1960. the petitioner No. 1 filed an application in the aforesaid suit, under section 24 of the Act, asking for maintenance pendente lite and expenses of the proceeding. The Court below, on being satisfied that the wife petitioner No. 1 had no independent income sufficient for her support and for defraying the necessary expenses of the proceeding, passed an order, dated December 17, 1960, directing the opposite party to pay to the petitioner No. 1, as maintenance pendente lite,







































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