MAN MOHAN LAL Vs. SUMAN LAL

JUDGEMENT

(1.) The present revision petition is directed against theorder dated 4.11.1995 passed by Shri A.K. Pathak, Additional District Judge,dismissing the application of the petitioner for variation of the maintenanceallowance in H.M.A Case No. 244/1991.

(2.) The petitioner filed the petition before the Additional District Judge seekingdivorce from the respondent on the ground of cruelty. The respondent filed anapplication under Section 24 of the Hindu Marriage Act for grant of maintenancependente lite and litigation expenses. By order dated 25.1.1994, the Trial Court waspleased to grant maintenance to the respondent at Rs. 500.00 per month with effectfrom 14.8.1992, the date on which the aforesaid application was filed and alsolitigation expenses at Rs. 1,100.00. The petitioner moved a revision petition beforethis Court which was numbered as Revision Petition No. 232/1994 and by orderdated 20.9.1994, this Court allowed the petitioner to withdraw the aforesaidrevision petition.

(3.) On 10/07/1995, the petitioner filed an application for variation of the orderdated 14.8.1992 passed by the Trial Court on the allegation that as lock-out has beendeclared in the "Sunday Mail" where the petitioner has been working as a Clerk/Operator, the amount of maintenance pendente lite is required to be varied to theextent that the petitioner be granted liberty not to make payment from May, 1995onwards to the respondent. The ground taken in the aforesaid application was thatthe "Sunday Mail" where the petitioner was working is lying closed on the accountof the aforesaid lock-out since April, 1995 and, therefore, his salary is not being paidby his employer. In support of his application, the petitioner also placed on recordthe notice declaring lock-out in the aforesaid establishment.