Basant, J.

Are the provisions of Sec.24 of the Hindu Marriage Act, 1955 applicable when the proceedings before the Family Court is under Sec.12 of the Hindu Marriage Act for declaration of nullity of marriage? This is the short question of law which is canvassed before us.

2. The vital facts first. The marriage between the petitioner and the respondent was solemnised on 13/5/05. The spouses lived together for some time; but thereafter started separate residence. The petitioner filed O.P.No.148/06 under Sec.12 of the Hindu Marriage Act for a declaration that his marriage with the respondent is null and void. During the pendency of that petition, the respondent filed I.A.No.628/06 under Sec.24 of the Hindu Marriage Act claiming monthly maintenance at the rate of Rs.5,000/- and litigation expenses of Rs.10,000/-.

3. The said application was resisted. The learned Judge of the Family Court by Ext.P3 order directed the petitioner to pay an amount of Rs.2,000/- per mensem as interim maintenance and to pay an amount of Rs.3,500/- as litigation expenses. That order was not promptly challenged; but was sought to be reviewed by filing I.A.No.956/07. The learned Judge by Ext.P4 order turned down the prayer for review of Ext.P3 order.

4. In the writ petition the petitioner assails Exts.P3 and P4 orders. What is the ground? The learned counsel for the petitioner advances two grounds before us. First of all, the learned counsel contends that Sec.24 of the Hindu Marriage Act can have no application whatsoever when the proceedings are pending under Sec.12 of the Hindu Marriage Act for declaration of nullity. Secondly, it is contended that the quantum of monthly maintenance and litigation expenses awarded is excessive.

5. Called upon to explain the contention that Sec.24 of the Hindu Marriage Act has no application, the learned counsel argues that this is a case where the very validity of the marriage is questioned and, in these circumstances, Sec.24 can have no application.

6. We are unable to agree with this contention. The plain language of Sec.24 of the Hindu Marriage Act which we extract below clearly shows that the powers under Sec.24 can be invoked when "any proceeding" is pending before the court:

"24. Maintenance pendente lite and expenses of proceedings.-- 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 proceedings, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceedings, 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:

Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be." (emphasis supplied)

7. It is very evident that Sec.24 applies when any proceeding under the Act is pending and no exception can be carved out for proceedings under Sec.12 of the Hindu Marriage Act.

8. It is true that Sec.24 employs the expressions "wife" and "husband". The mere fact that a marriage already solemnised is sought to be avoided by declaration of nullity under Sec.12 cannot militate against the status of the spouses as husband and wife until such a declaration of nullity is granted.

9. Solemnisation of marriage is admitted. The status of the husband and wife for the purpose of Sec.24 has been achieved by the spouses by such solemnisation. The mere fact that the said relationship is sought to be annulled by initiation of the proceedings under Sec.12 of the Hindu Marriage Act cannot justify a contention that the respondent herein is not a "wife" to whom alone Sec.24 can apply. Th