NEELAM RAIS Vs. VINOD KUMAR RAIS

JUDGEMENT

(1.) This civil revision arises out of a wife's application under section 24 of the Hindu Marriage Act, 1955 (to be referred to in brief as "the Act") for litigation expenses and maintenance pendente lite. The Additional District Judge, Delhi, who heard the application, allowed litigation expenses of Rs. 600.00 and maintenance pendente lite of Rs. 400.00 per month for the wife, the petitioner herein, and her baby, payable from 1st Oct., 1978.

(2.) The brief facts are that Mr. Vinod Kumar Rais, the husband, filed a petition under section 9 of the Act for restitution of conjugal rights on 26th Aug., 1977. Thereafter, the wife, Mrs. Neelam Rais, filed the application under section 24 of the Act on 14th April, 1978/1st May, 1978. She claimed maintenance of Rs. 1500.00 per month and litigation expenses of Rs. 5000.00 as she had to come all the way from Simla each time. She asserted in the said application that she was residing there with her parents, as she had no choice, having no independent income. Further, that her husband's income was about Rs. 3000.00 per month.

(3.) The husband resisted this application and alleged that his wife Neelam had certain fixed deposits in some bank in Simla.