PRADEEP KUMAR KAPOOR Vs. SHAILIJ KAPOOR

JUDGEMENT

(1.) This revision is of the order dated 1-2-1988 passed by the Additional District Judge, Delhi, whereby she, on an application under Section 24 of the Hindu Marriage Act, 1955 (for shore 'the Act') of the wife. allowed her maintenance pendente lite at the rate of Rs. 600.00 per month, but at the same time declining her any expenses of the proceedings. The petitioner is the husband before me.

(2.) The parties were married on 12-10-1986. They lived together for about three months. Then the wife filed a petition under Section 12 of the Act seeking annulment of the marriage on the ground that the marriage had not been consummated owing to impotence of the husband. In these proceedings, she filed an application on 10-3-1987 under Section 24 of the Act claiming both maintenance pendente lite and litigation expenses but, as noted above, her application was allowed to the extent that she was awarded maintenance pendente lite at the rate of Rs. 600.00 per month from the date of the application but the court below held that she was not entitled to any litigation expenses she being herself an earning hand.

(3.) The husband is working as a junior accountant (not junior engineer as recorded in the impugned order) and the wife is working as a lower division clerk. Respective incomes of the husband and wife for the month of July 1987 as per their pay certificates are as follows : <FRM>JUDGEMENT_375_DRJ15_1988Html1.htm</FRM> the wife has contended that the husband is an artist and holds exhibitions and earns Rs. 2000.00 per month from the sale of the paintings. This has been denied by the husband who said painting was merely his hobby and rather he spent Rs. 200.00 every month on buying colours, brushes, canvas, etc. The trial court, however, assessed the income of the husband from the sale of paintings at Rs. 200.00 per month as the court was of the view that the husband must be having some income by holding exhibitions of his paintings.