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1968 Supreme(All) 37

GANGESHWAR PRASAD, JAGDISH SAHAI
Sarla Devi – Appellant
Versus
Balwan Singh – Respondent


Judgement

JAGDISH SAHAI, J. :- This civil revision is directed against an order passed by Sri Abu Saad, II Additional District Judge, Meerut, on 14-4-1965, in exercise of the appellate jurisdiction conferred by Section 28 of the Hindu Marriage Act (hereinafter referred to as the Act), setting aside the order passed by the learned Civil Judge, Varanasi, granting to Smt. Sarla Devi, applicant before us, the expenses of the proceedings and maintenance pendente lite. The learned single Judge before whom the revision application came up for hearing has referred the following question of law to us for decision:-

"Does an appeal lie against an order passed on an application under Section 24 of the Hindu Marriage Act ?"

The question, therefore, is whether the appeal before Sri Abu Saad was competent under the provisions of Section 28 of the Act.

2. Section 24 of the Act reads:- "Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independant income sufficient for her or his support and the necessary expenses of the proceeding, it may on the application of the wife or the husband, 'order' the respondent to pay to the pet



















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