Swatanter Kumar, J.

1. Mr. Vijay Kant, respondent herein who was married to Smt. Shakshi on 15.11.1987 at Karnal in accordance with the Hmdu ritual filed a petition on 27th September, 1994 praying for a decree of divorce under Section 13 of the Hindu Marriage Act. The learned District Judge while declining to pass the decree for divorce passed a decree of judicial separation under Section 10(1) of the Hindu Marriage Act read with Section 13 (1)(i)(a) of the Act. It is this judgment which has been assailed by the appellant-wife in this first appeal which stood admitted on 13.11.1997 for regular hearing.

2. The present application under Section 24 of the Hindu Marriage Act been filed claiming maintenance and litigation expenses during the pendency of the appeal.

3. The averments in the application are that appellant/applicant has no independent source of income by which she can make her ends meet. The husband is a confirmed employee in the National Dairy Research Institute, Karnal and is drawing regular salary from there.

4. Reply to this application has been filed by on behalf of the respondent-husband who has not disputed the fact that he is employed as alleged. However, it