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1964 Supreme(All) 8

M. C. DESAI, JAGDISH SAHAI
Major Dal Chand Singh Pratap – Appellant
Versus
Swarn Pratap – Respondent


Advocates:
J. K. Srivastava, K. L. Misra, Shiamal Singh Varma, for Appellant; C. S. P. Singh and S. N. for Respondent.

Judgement

JAGDISH SAHAI, J. :- In this First Appeal From Order, which originally came up for hearing before our brother Bishambhar Dayal, a question with regard to the competence of the appeal in this Court was raised. How the question arises would be apparent from the following facts;

2. Mrs. Swam Pratap, the respondent, filed a petition under S. 10 of the Hindu Marriage Act (hereinafter referred to as the Act) for judicial separation from her husband Major Dal Chand Singh Pratap, the appellant. In these proceedings two applications, one under S. 24 and the other under S. 25 of the Act were made by Mrs. Swam Pratap. By means of the first she claimed some amounts towards the expenses of the proceedings under S. 10 of the Act and by the second she claimed some amount of money towards the maintenance charges of the children of the parties who were living with her. The learned Civil Judge, who was seized of the matter, disposed of the applications mentioned above by means of a single order dated 19th December, 1959 and directed the appellant to pay Rs. 1,000/- to the respondent towards the expenses of the proceeding within one month and further ordered him to pay a sum of Rs. 5,570/- pe






































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