IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.3172 of 2006 Date of Decision:- 04.02.2008 Gurnam Kaur ....Petitioner(s) through Mr.Navjeet Sodhi, Advocate vs. Dalbir Singh ....Respondent(s) through Mr.Arun Abrol, Advocate. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition is directed against the order dated 13.3.2006 passed by the learned Additional District Judge, Gurdaspur whereby an application under Section 24 of the Hindu Marriage Act moved by the petitioner for maintenance pendente-lite and litigation expenses has been dismissed. As is revealed from the impugned order, a sum of Rs.1,00,000/- was allegedly deposited by the respondent in the name of the petitioner in the bank. The learned trial Court has accordingly declined to grant any interim maintenance after observing that in view of the said payment, coupled with the other circumstances, the petitioner-wife is not entitled to any interim maintenance and the issue as to whether or not she should be paid any maintenance, would be decided at the time of final disposal of the C.R.No.3172 of 2006 -2- petition. However, in the impugned order itself, the learned trial Court has taken notice of the petitioner's plea that the said amount of Rs.1,00,000/- was allegedly withdrawn and handed over to the respondent for purchasing some land. No finding has been returned in respect of the said contention. Assuming that the plea taken by the petitioner regarding withdrawal of the said amount and its handing over to the respondent-husband is correct, in that event the very basis of the impugned order goes. Consequently and for the reasons afore-stated, this petition is allowed; the impugned order is set aside and the learned trial Court is directed to re-decide the petitioner's application moved under Section 24 of the Act. February 04, 2008 ( SURYA KANT ) poonam JUDGE