( 1 ) THIS first appeal from order has been filed by the wife against the order of the Subordinate Judge, I Class, Delhi, dated 3rd September, 1975, by which he has declined to grant maintenance to the appellant wife under section 24 of the Hindu Marriage Act, 25 of 1955, (hereinafter REFERRED TO as the Act ), till the decision of the legality of the marriage of the appellant with the respondent.

( 2 ). The material facts of the case are that the appellant, who is said to be a Bengali lady, was first married on 7th March, 1944 to a Kashmiri gentleman, by name Dr. B. N. Zutshi, from whom she had children. On 18th November, 1968 that marriage was annulled by a decree for divorce granted by the District Judge at Jaipur. There is no dispute between the parties with regard to these facts. It is also not disputed that thereafter, sometime in 1969 the appellant and the respondent were married and they cohabited and lived as husband and wife for a long period until 27th February, 1974. The appellant thereafter instituted a petition under section 10 of the Act for judicial separation on the ground of cruelty. During the pendency of the petition she applied to the court belo