( 1 ) THIS appeal raises a very important question of law. In order to appreciate the implications involved in this appeal it will be worthwhile to state the facts giving rise to this appeal in a nut shell.

( 2 ) THE appellant before this court is the husband of the present respondent Nirmalaben. The appellant had filed a petition No. 8 of 1966 under sec. 9 of the Hindu Marriage Act for a decree for restitution of conjugal rights on the ground that she had withdrawn herself from the society without any reasonable cause. During the pendency of the said petition the present respondent gave an application under sec. 24 of the Act for getting maintenance pendente lite and expenses of the proceeding. The learned trial Judge held that the present respondent had proved that she had no income of her own and that her husband was earning Rs. 100 to 125/per month. In the opinion of the learned trial Judge therefore she was entitled to receive Rs. 25/per month as maintenance and Rs. 50/as costs of the proceeding. However the learned trial Judge dismissed the application of the respondent for interim maintenance on the ground that she was disentitled to receive the same on account