RAJ VIRENDRA SINGH Vs. VIRENDRA SINGH

JUDGEMENT

(1.) This revision was disposed of by me by an oral order on March 26, 1985, in absence of the counsel for the respondent. On an application moved by the respondent, it was seen that the name of the counsel for the respondent was wrongly shown in the cause list. I, therefore, reheard the civil revision,

(2.) The parties were married in November 1963. In September. 1980 the husband moved a petition for divorce under Section 13 of the Act. The wife moved an application for pendente lite maintenance under Section 24 of the Act. Originally the proceedings were filed in Dehradun but with the order of the Supreme Court they were transferred to this Court.

(3.) The wife had claimed that husband's salary was Rs. 3,447.50. She alleged that he has income from the fixed deposit receipts of about Rs. 60,000.00 . She also alleged that the husband receives income by way of rent and from the agricultural produce. The husband has denied the quantum of the income as alleged by wife. He in his own way has stated what his income is. According to him his salary after usual cuts was Rs. 1.200/ and that he had hardly any income from other sources. Of course he has admitted the F.D.R.s. Not being satisfied with the husband's disclosures of income, the wife moved an application for permission to lead evidence. That application was rejected by the Additional District Judge. During the pendency of the present proceeding the wife has moved an application .for maintenance under Section 125 Cr. P.C. as she was not being maintained by the husband nor any provision was made for her maintenance. The said proceedings were instituted on 29-3-1982. The learned Judicial Magistrate first class referred to the statements of the parties and passed an order fixing a maintenance of ' Rs. 500.00 per month w.ef. 19-11-1983. The statements .of the parties as recorded by the Magistrate are as follows :