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1972 Supreme(Raj) 158

KAN SINGH
DEVKI – Appellant
Versus
PURSHOTAM KEWALIA – Respondent


Advocates Appeared:
B.L.Purohit, C.D.Mundra

Judgment


KAN SINGH, J.

( 1 ) THIS is an appeal by a wife directed against an order of the learned District judge, Bikaner dated 12-8-1969 whereby the learned Judge reduced the amount of interim maintenance granted to the wife under Section 24 of the Hindu Marriage act. 1955, hereinafter to be referred as the "act", from Rs. 70/- per month to Rs. 40/- per month.

( 2 ) SHRI Purshotam Kewalia, the husband of the appellant had applied for judicial separation against the appellant wife under Section 10 of the Act. On the wifes application under Section 24 of the Act the learned Judge allowed Rs. 70/-per month as interim maintenance to the wife on 30-9-1967. Subsequently on the husbands application the learned Judge reduced the amount of interim maintenance to Rs. 40/- per month only by the order under appeal.

( 3 ) A twofold contention is advanced by learned counsel for the ap-pellant in assailing the order of the learned District Judge. In the first place, it is submitted that once an order of interim maintenance has been passed by the learned Judge, he has no jurisdiction to vary that order and reduce the amount. Attention is invited to the provisions of Section 25 of the Act with a






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