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1986 Supreme(Del) 117

MAHINDER NARAIN
PREM NATH SARVAN – Appellant
Versus
PREM LATA SARVAN – Respondent


Advocates Appeared:
C.P.WIG, RANJAN MUKHERJEE

Mahinder Narain, J.

( 1 ) THIS is a Revision petition filed by the husband against the order dated 23/2/1985 passed by the court of the Additional District Judge in a petition under Section 24 of the Hindu Marriage Act, 1955.

( 2 ) SECTION 24 of the Hindu Marriage Act reads as under :-

"where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as having regard to the petitioner s own income and the income of the respondent, it may seem to the court to be reasonable. "

( 3 ) WHAT is material under Section 24 is that the party who applies under Section 24 "has. no independent income sufficient for her or his support". "it is only when it is established that the party applying has no independent income sufficient for her or his support that an order for pendente lite maintenance can be made against the non-applicant.

( 4 ) IN addition, under Section
















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