DAHIBEN Vs. METHILAL DAHYALAL PATEL

JUDGEMENT

(1.) The Opponent husband filed H.M.P. No. 35 of 1983 in the court of learned Assistant Judge Mehsana for dissolution of the marriage inter alia on the ground of desertion. The applicant of this revision application appeared in the said petition and filed an application Exh. 10 under the provisions of Section 24 of the Hindu Marriage Act and prayed for interim maintenance at the rate of Rs. 500/ - per month for herself and Rs. 200/ - per month for her daughter Raksha. She also prayed that an amount of Rs. 1500/ - be also ordered to be paid to meet with the litigation expenses. The Trial Court after discussing the rival contentions raised by the parties, dismissed the application as per its order dated March 7, 1984. The trial court has rejected the application solely on the ground that the petitioner's father has died and he has left 15 vighas of land and a residential house and a wade in which the petitioner also has one -half share along with her widowed mother Hiraben. The trial court has referred to the various documents of revenue records which are produced on record and has ultimately come to the conclusion that the petitioner will have one -half share in agricultural land ad - measuring 18 Hector and 16 Ares and therefore the petitioner is the owner of 4 Hector and 8 Ares Having regard to this circumstance, the trial court rejected the application for interim alimony. Now, Section 24 of the Hindu Marriage Act reads as follows:

(2.) The order passed by the trial court is quashed and set aside. Application Exhibit 10 in H.M.P. No. 35 of 1983 is ordered to be allowed. The opponent -husband is directed to pay an amount of Rs. 300/ - per month to the petitioner -wife as and by way of interim maintenance and an amount of Rs. 150/ - per month to minor daughter Raksha as and by way of maintenance. In all, the opponent -husband is directed to pay Rs. 450/ - per month from the date of application, i.e. 15 -9 -83. The opponent -husband is also directed to pay Rs. 1,000/ - to the petitioner -wife to meet the expenses of the litigation. The revision application is allowed to the aforesaid extent. Rule made absolute accordingly with no order as to costs.