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1958 Supreme(Raj) 86

JAGAT NARAYAN
Mukan Kunwar – Appellant
Versus
Ajeetchand – Respondent


Advocates Appeared:
Navratan Mal, for Applicant; Guman Mal, for Respondent

Jagat Narayan, J.—This revision application was filed as civil miscellaneous first appeal purporting to be against an order of the learned District Judge, Jodhpur, refusing to grant maintenance pendente lite and expenses of proceedings to the applicant under sec. 24 of the Hindu Marriage Act 1955. It was treated as a revision on the application of the applicant since an order passed under sec. 24 of the Hindu Marriage Act, 1955, is not an appealable order. The application has been contested on behalf of the respondent.

2. The facts giving rise to the present application are these. Smt. Mukan kunwar applicant is the legally wedded wife of Ajeetchand, who filed a petition against her under sec. 12 of the Hindu Marriage Act. 1955, for the annulment of their marriage on the ground that the wife was impotent at the time of marriage and continued to be so until the institution of the proceeding. The applicant filed an application under sec. 24 for maintenance pendent lite and expenses of proceedings. The learned District Judge found that the applicant had no independent income at all and the net monthly income of the respondent was Rs. 107/- per month. Yet he declined to grant any mainten











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