Umesh Kumar Vs. Smt. Kiran Devi

Umesh Kumar vs Smt. Kiran Devi

Disposition Revision dismissed Court Allahabad Decided Mar 06, 2003

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Citation: sooperkanoon.com/459071
Court: Allahabad High Court
Judge: N.K. Mehrotra, J.
Decided On: Mar 06, 2003
Case Number: Civil Revision No. 112 of 2003
Subject: Family
Disposition: Revision dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Family - maintenance - Section 24 of Hindu Marriage Act, 1955 - revisionist(husband) filed a suit for restitution of conjugal rights - respondent(wife) sought relief under Section 24 of Act pleading her incapability to contest suit - suit decreed in her favour giving her maintenance and Court expenditure - decree ch...

Key legal issue: Family
Outcome / disposition: Revision dismissed
Acts & sections: Hindu Marriage Act, 1955 - Sections 24

Parties & Advocates

Appellant / Petitioner

Umesh Kumar

Advocate Ram Lakhan Vishwakarma, Adv.

Respondent

Smt. Kiran Devi

Legal References

Acts: Hindu Marriage Act, 1955 - Sections 24
Reported In: II(2003)DMC4

Excerpt

family - maintenance - section 24 of hindu marriage act, 1955 - revisionist(husband) filed a suit for restitution of conjugal rights - respondent(wife) sought relief under section 24 of act pleading her incapability to contest suit - suit decreed in her favour giving her maintenance and court expenditure - decree challenged in revision - court opined relief may be granted as respondent has no source of income. - ordern.k. mehrotra, j.1. this is a revision under section 115 of the code of civil procedure against the order dated 16.11.2002 passed by the civil judge (senior division), lakhimpur kheri in suit no. 243 of 2001 under section 24 of hindu marriage act, 1955.2. i have heard the learned counsel for the revisionist at admission stage.3. the revisionist has filed a suit under section 9 of the hindu marriage act for restitution of conjugal rights against his wife-respondent smt. kiran devi. during the pendency of the suit, the respondent has moved an application under section 24 of the hindu marriage act. this application has been decided by the impugned order. the learned trial court had recorded a finding that the respondent smt. kiran devi has no independent income sufficient for her support and the necessary expenses of the proceedings. after recording this finding, the trial court had awarded rs. 1,500 in lump sum as litigation expenses and rs. 400 per month as maintenance allowance from the date of the order. it is against this order, the present revision has been filed.4. in my opinion, this revision is not maintainable because under section 24 of the hindu marriage act, there is a specific provision that where in any proceeding, it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceedings, it may order the respondent to pay to the petitioner the expenses of the proceedings and monthly allowance having regard to the petitioner's own income. in the instant case, nothing has been pointed out that the opposite party has any independent income to meet out the litigation expenses and for her maintenance, therefore, it cannot be said that the trial court has exercised the jurisdiction not vested in it by law or has acted in exercise of the jurisdiction illegally or with material irregularity. therefore, the revision is liable to be dismissed.5......

Full Judgment

ORDER

N.K. Mehrotra, J.

1. This is a revision under Section 115 of the Code of Civil Procedure against the order dated 16.11.2002 passed by the Civil Judge (Senior Division), Lakhimpur Kheri in Suit No. 243 of 2001 under Section 24 of Hindu Marriage Act, 1955.

2. I have heard the learned counsel for the revisionist at admission stage.

3. The revisionist has filed a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against his wife-respondent Smt. Kiran Devi. During the pendency of the suit, the respondent has moved an application under Section 24 of the Hindu Marriage Act. This application has been decided by the impugned order. The learned trial court had recorded a finding that the respondent Smt. Kiran Devi has no independent income sufficient for her support and the necessary expenses of the proceedings. After recording this finding, the trial court had awarded Rs. 1,500 in lump sum as litigation expenses and Rs. 400 per month as maintenance allowance from the date of the order. It is against this order, the present revision has been filed.

4. In my opinion, this revision is not maintainable because under Section 24 of the Hindu Marriage Act, there is a specific provision that where in any proceeding, it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceedings, it may order the respondent to pay to the petitioner the expenses of the proceedings and monthly allowance having regard to the petitioner's own income. In the instant case, nothing has been pointed out that the opposite party has any independent income to meet out the litigation expenses and for her maintenance, therefore, it cannot be said that the trial court has exercised the jurisdiction not vested in it by law or has acted in exercise of the jurisdiction illegally or with material irregularity. Therefore, the revision is liable to be dismissed.

5. In result, the revision is dismissed at admission stage.

Same Court & Year Allahabad · 2003 Same Parties Umesh Kumar vs Smt. Kiran Devi Same Subject Family Same Judge N.K. Mehrotra, J. Acts & Sections Hindu Marriage Act, 1955 - Sections 24

Family