R K JAIN Vs. POONAM JAIN

JUDGEMENT

(1.) Shri Ravinder Kumar Jain, petitioner in C.M.(M) 73/1989 filed a petition for dissolution of marriage against Smt. Poonam Jain, on the ground of cruelty. Smt. Poonam Jain moved an application before the trial Judge under Section 24 and 26 of the Hindu Marriage Act for grant of interim maintenance. The application was contested by the petitioner. After considering the relevant contentions and the material placed on record by the parties, the trial court by order dated 2.1,1989 came to the conclusion that the monthly income of the petitioner/husband was Rs.3,500.00. After considering the status of the wife he fixed a sum of Rs.800.00 per month towards maintenance pendentelite for the wife. He also fixed a sum of Rs.350.00 per month as maintenance for the child which is admittedly in the custody of the wife. The order was passed on 02/01/1989 which was made effective from the date of the application i.e. 15/03/1988. Rs.1,650.00 towards litigation expenses were also awarded to Smt. Poonam Jain. The petitioner/husband has assailed this order by way of petition under Article 227 of the Constitution of India i.e. C.M.(M) 13/1989, which is under disposal.

(2.) The petition came up for admission before a Bench of this court on 16/01/1989. Show cause notice was issued to the respondent wife. By interim order it was directed that the petitioner would continue to deposit maintenance at Rs.500.00 per month for wife and Rs. 100.00 per month for the child and litigation expenses at Rs. 1,000.00. The petition is being contested on behalf of the wife.

(3.) The order dated 02/01/1989 made by the trial court is also challenged by the wife by a separate petition being C.R.No.369/1989. The parties were directed to file replies to both the petitions, which they have done.