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1977 Supreme(Raj) 69

GUPTA, SEN
Priti Parihar – Appellant
Versus
Kailash Singh – Respondent


Advocates Appeared:
M.C. Bhoot, for Appellant; H.N. Calla and Mr. Yudhishtar Kachhwaha, for Respondent

GUPTA, J.—-This is an appeal against an order passed by a learned Single Judge of this Court on the wifes application under sec. 24 of the Hindu Marriage Act (hereinafter called the Act)

2. The respondent filed a petition for divorce before the District- Judge, Jodhpur in which a decree for divorce was passed on January 4, 1977. The appellant Smt. Priti Parihar filed an appeal in this Court against the aforesaid decree. Along with the appeal she also filed an application under sec. 24 of the Act praying for grant of interim maintenance and expenses of the appeal. The learned Single Judge by his order dated April 15, 1977 directed the respondent to pay to the appellant a sum of Rs. 200/- per month by way of maintenance pendente lite and also awarded her a sum of Rs. 400/- by way of expenses of the appeal. This order has been challenged by the wife in this appeal.

3. A preliminary objection has been raised in respect of the maintainability of the appeal and it has been urged by the learned counsel for the respondent that on account of the provisions of Sec. 39 of the Marriage Laws (Amendment) Act, 1976 (Act No. 68 of 1976) (hereinafter referred to as "the Amending Act"), the newly subs





























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