Sodagar Singh vs Smt. Harbhajan Kaur and others

R.S. Narula, J.—This petition for revision of the order of the Court of Shri D.S. Chatha, Subordinate Judge First Class, Moga, dated May 18, 1976, allowing the plaintiff-respondents a sum of Rs. 70/- as litigation expenses and Rs. 60/- per month as maintenance allowance during the pendency of their suit for maintenance for herself (respondent No. 1) and her minor daughter under the Hindu Adoptions and Maintenance Act, 1956, must be allowed on the short ground that the Act does not authorise the passing of any order for the payment of litigation expenses and maintenance allowance pendente lite. The learned Subordinate Judge has granted the litigation expenses and maintenance allowance u/s 151 of the Code of Civil Procedure. That is not a substantive provision conferring any right to get any relief of any kind it is a there procedural provision which enable a party to have proceedings of a pending suit conducted in a manner consistent with justice and equity.

For the foregoing reasons, I allow this petition, reverse and set aside the order of the trial Court and dismiss the application of the plaintiff-respondents for grant of maintenance allowance pendente lite litigations expenses. Parties are left to bear their own costs.