AIR 1988 CALCUTTA 98 ::(1988) 92 Cal WN 54 ::(1987) 1 Cal HN 450 ::1987 (2) DMC 162 ::(1987) MatLR 306

Calcutta High Court

Hon'ble Judge(s): A. M. Bhattacharjee, Ajit Kumar Nayak , JJ

(A) Hindu Marriage Act (25 of 1955) , S.24— Application under for maintenance pendente lite and cost of litigation as well as for an order of temporary injunction restraining husband from marrying during pendency of appeal against decree of divorce against her - Maintainability. Where the wife-appellant, who appealed against a decree of divorce passed against her, filed an application for maintenance pendente lite and cost of litigation under S.24, as well as for an order of temporary injunction restraining the husband-respondent from marrying again during the pendency of the appeal, it would be maintainable. Though the petitioner should have filed two separate applications for these two reliefs, but that being a matter of mere form and procedure, if she can make out her case for both the reliefs, the same or any of them should not be denied to her on the ground that she has failed to file two separate sets of paper.(Para 1) (B) Hindu Marriage Act (25 of 1955) , S.24— Application for maintenance pendente lite and cost of litigation made for the first time in High Court - If wife is otherwise entitled to maintenance, fact that she made no such application in trial Court would be of no consequence. (Para 2) ....