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1990 Supreme(P&H) 608

N.C.JAIN
Hardeep Singh – Appellant
Versus
Paramjit Kaur – Respondent


Judgment

, J.

1. This revision petition is directed against the order of the Additional District Judge, Ludhiana, granting a sum of Rs.4000/-as expenses of legal proceedings which have been initiated by the petitioner husband in the shape of divorce petition under Sec.13 of the Hindu Marriage Act (for short the Act ). During the pendency of the divorce petition, the respondent-wife filed an application under Sec.24 of the Act praying that the husband be directed to pay her Rs.5000/- as expenses of litigation, It has been found as a fact by the Additional District Judge that the wife was serving as a teacher and that she was prima facie not entitled to claim maintenance pendente lite from her husband. However, while granting the expenses of the proceedings it has been found that the litigation has been forced upon her by her husband and, therefore, she cannot be coerced to strain her meagre resources to spend money upon expenses which could be avoided.

2. The learned counsel for the petitioner has argued that the view taken by the Additional District Judge is contrary to the spirit of Sec.24 of the Act which lays down that where in any proceedings under the Hindu Marriage Act it appe


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