G. K. MISRA, J.

( 1 ) IN Title Suit No. 11 of 1959 in the Court of the District Judge of Sambalpur, the appellant, the wife of respondent, prayed for a decree for restitution of conjugal rights. She filed an application on 10-4-1962 for maintenance pen-dente lite at the rate of Rs. 40/- per month and a sum of Rs. 200 towards expenses of the proceeding under Section 24 of the Hindu Marriage Act, 1955 (Act 25 of 1955), hereinafter to be referred to as the Act. mentioning in the application the details of the income of the respondent and asserting that she had absolutely no independent income to support her and to defray the expenses of the proceedings. The learned District Judge rejected this application on 18-6-1962. Against this order, the Misc. appeal has been filed. The relevant portion of the order of the learned District Judge may be quoted :

"it appears from order No. 18 dated 19-8-1960 that the plaintiff has been allowed a consolidated sum of Rs. 100/- to defray the expenses of the suit proceeding and that she has received the said cost as per order no. 21 dated 14-9-60. Since the date fixed for hearing of the suit is 267-62, I do not at present want to consider granting int