POONAM SOIN Vs. VINOD K. SOIN

JUDGEMENT

(1.) THE revision has been filed by the wife, petitioner herein, challenging the order dated 9.1.1990 of the learned A.D.J. Delhi fixing interim alimony under Section 24 of the Hindu Marriage Act (For short "the Act") at Rs. 2,500/ - per month and directing payment of sum of Rs. 3,000/ - towards the litigation expenses pending the suit filed by the husband under Section 13(1)(i -a) of the Act for dissolution of marriage.

(2.) LEARNED Counsel for the petitioner contended that having regard to the fact that the respondent is the Managing Director of Companies and as such his monthly income from each Company cannot be less than Rs. 36,000/ -, the impugned order fixing the interim maintenance at a sum of Rs. 2,500/ - per month is not sustainable. He further contended that the amount of the interim alimony should be fixed at Rs. 50,000/ - per month and the respondent should be directed to pay Rs. 22,000/ -per month towards the litigation expenses. Learned Counsel for the respondent husband strenuously contested the above contentions and stated that on consideration of the material on record, the amount of Rs. 2,500/ - per month fixed by the learned Additional District Judge is reasonable and there is no justification to increase the said amount.

(3.) NOW , coming to the fixation of quantum interim alimony, it has to be borne in mind that the Act has not set any limit to the interim alimony awardable Under Section 24. Section 24 speaks of fixing a reasonable amount. While determining the quantum of interim maintenance under Section 24 of the Act, the Court has not only to take into consideration of the income of the petitioner and the respondent provided in the section but also relevant facts and circumstances in the case including the conduct of the parties. The discretion Under Section 24 has to be exercised on sound principles of Matrimonial Law and within the ambit of the provision of the section and having regard to the object of the Act. In Neelam Malhotra v. Rajendra Malhotra, AIR 1994 Del 234:, 11 (1993) DMC 542, it has been held that there can be no precise or settled formulae to assess the quantum of interim alimony and each case depends upon its own facts. What is reasonable amount must differ from case to case. The interim maintenance proceedings cannot be equated with proceedings akin to partition and possession of a share in joint family properties. The amount awardable Under Section 24 of the Act should normally be restricted to the actual needs of the petitioner and it should not be on a very parsimonious or misery scale.