ORDER: - This appeal is directed against the order of the lower court refusing to award interim maintenance claimed by the appellant at the rate of Rs. 200 per month.

2. The appellant and the respondent were married on 11-7-1973. The respondent herein filed a suit O. S. No. 1 of 1975 seeking divorce under S. 10 of the Indian Divorce Act 1869, on 9-4-1975, on the ground that the appellant had committed adultery with the second defendant in the suit. The appellant resisted the said suit on the ground that she had not committed adultery with the second defendant or any one else, but on the other hand, the plaintiff had driven her out and deserted her 2 or 3 months after the marriage. After filing the written statement in the said suit, the appellant filed a petition under S. 36 of the Indian Divorce Act, for directing the plaintiff-husband to pay her alimony at Rs. 200 per month and also the cost of defence in the suit.

3. In the said petition she has alleged that as she had been deserted by her husband (plaintiff), that she is living with her elder brother in Japan, that she owns no property, and that, therefore, she has to be paid alimony to maintain herself during the penden