J.V.GUPTA, J.

1. This revision petition arises out of an application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), for maintenance pendent lite and expenses of the proceedings. By virtue of the impugned order, dated 20th January, 1979, the matrimonial Court has granted Rs. 100/- as litigation expenses to the wife-respondent and Rs. 50/- per month as maintenance pendent lite from the elate of her application. This revision petition has been admitted to D.B. because of the following question referred by D.S. Tewatia, J. for determination by a larger Bench.

"Whether an able-bodied person capable of working even as an ordinary labourer or one who works on his father s or any other relation s farm or any other kind of establishment can be considered as capable of maintaining his wife and thus being made to pay interim maintenance to her when she happens to be living separately from him for the reasons mentioned in a given matrimonial dispute between them."

2. Briefly stated the facts are that Gurmail Singh, petitioner, has moved a petition under Section 9 of the Act for restitution of conjugal rights in the Court of the Subordinate Judge