(1.) This appeal under section 28 of the Hindu Marriage Act, 1955, herein called 'the Act', has been filed by the husband, Hari Chand, against the judgment and decree dated November, 27, 1968 of the learned Additional District Judge, Delhi, directing the appellant to pay to the respondent wife during her life, Rs. 50.00 per month as maintenance so long as she does not remarry and costs.
(2.) The appellant had filed the petition for restitution of conjugal rights against his wife, the respondent, which was decreed in his favour. As the wife did not comply with the said decree, the appellant filed an application for divorce against her, which was decreed in his favour on November 14, 1967. The respondent- wife, thereafter, filed an application under section 25 of the Act claiming that she had no independent income of her own and was entitled to be maintained by the respondent. It was stated that the respondent was engaged in the business of calender pressing of saries and doing work for different firms of dry cleaners. The total income from these sources was alleged to be Rs. 500.00 per month. She, therefore, prayed for maintenance allowance of Rs. 150.00 per month. It may be mentioned that there is a child of the marriage, who is stated to be eleven years of age now and is with the respondent-wife.
(3.) The appellant in his reply to the said application pleaded that he was still willing to keep and maintain the respondent as his wife. For that reason he said that the respondent was not entitled to any maintenance. He denied that he was earning Rs. 500.00 or thereabout per month. According to him his total monthly income was not more than Rs. 200.00 per month.