ASHOK RANI Vs. RATTAN LAL

JUDGEMENT

(1.) By this revision u/S. 115 of the Civil Procedure Code, 1908, the petitioner has challenged an order dt. 20.9.1988 made by Ms. Rekha Sharma, Addl. D.J. by which she has directed the respondent husband to pay to the petitioner wife a sum of Rs. 150.00 p.m. for maintenance pendente life and Rs. 250.00 towards expenses of the proceedings.

(2.) The petitioner wife filed an application u/S. 24 of the Hindu Marriage Act claiming a sum of Rs. 1,500.00 p.m. as maintenance and a sum of Rs. 5,500.00 to meet expenses of the proceedings initiated by the husband against her u/S. 13 of the Hindu Marriage Act. In the said Application it was averred that the wife was educated only upto 8th class, that she had no income of her own and that she was living with her father. It was alleged that the husband is employed in Oriental Insurance Company, that he was getting about Rs. 2,150.00 p.m. as pay including conveyance charges and allowances etc. and that he had installed four machines in his house for manufacturing rubber and plastic goods and that he had an income of about Rs. 1,500.00 p.m. from this source also. Thus, on the basis of total income of Rs. 3,650.00, she claimed a monthly payment of Rs. 1,500.00 as maintenance pendente lite.

(3.) In reply, the husband denied the everments made by the wife with regard to his salary and other income. He pleaded that he was employed as a peon, that his basic salary was Rs. 450.00 p.m. and he got allowances amounting to Rs. 646.00 out of which a total sum of Rs. 146.00 was deducted under various heads. In answer to the allegation that four machines were installed at his house, be pleaded that two machines arc lying in dilapidated condition and are not working, that no plastic goods or rubber goods were being prepared and that he had no source of income whatsoever besides his salary. Further, he claimed that he had to support bis aged father and mother, that his father had nearly lost his right eye sight and he was unable to work, and that he had also to support his younger sister and brother who were studying in the 11th and 8th class respectively. In these circumstances, it was alleged that he was living from hand to mouth in a rented house.