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1986 Supreme(Ori) 436

R.C.PATNAIK
GOURI DAS – Appellant
Versus
PRADYUMNA KUMAR DAS – Respondent


Advocates Appeared:
M. Patra, S.R. Patnaik, U.S. Patnaik and A.K. Baral, for the Appellant; S.K. Dey and Y. Mohanty, for the Respondent

JUDGMENT :

R.C. Patnaik, J. - This is a revision by the wife against an order passed by the Subprnate Judge rejecing her application Med Section 24 of the Hindu Marriage Act 1955 (for short the Act') for pendente the maintennce and litigation expense in a proceding initiated, by the opposite graty husband for under.Section 13 of the Act.

2. After entering appearance in the main proceeding, the wife filed an application u/s 24 of the Act claiming Rs. 6,000/-; Rs. 1,000/-towards litigation expenses and Rs. 5,000/- towards pendente lite maintenance. She submitted that she was a deserted and helpless lady having no independent income for her support and for defending her in the proceeding. Though she had taken shelter under the roof of her father, the meagre resources of her father, who was a retired Government servant, were insufficient to maintain and support her. She alleged that her husband was working an Assistant Engineer and was getting salary of Rs. 2,000/- per month. Besides, he had income from agricultural lands, 7 acres in extent. The application was resisted by the husband. He averred that the father and the brother of the wife had considerable income. The wife had also consi














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