PADMA VISHNU PHATAK Vs. VISHNU VISHWANATH PHATAK

JUDGEMENT

(1.) This revision is directed against the order dated 25-10-1993 passed below an application for interim maintenance under Sec. 20 of the Hindu Marriage Act, 1965 (1955) in Hindu Marriage Petition No. 6 of 1991 passed by the learned 4th Extra Assistant Judge, Baroda by invoking provisions of Sec. 115 of the Code of Civil Procedure (Code).

(2.) The respondent is the husband who filed above suit against the petitioneroriginal defendant-wife for dissolution of marriage. The wife during the course of the proceedings in the said suit, preferred an application Ex. 7 under Sec. 24 of the Hindu Marriage Act for alimony and expenses of the litigation on 7-2-1991, inter alia, contending that she has no independent means of source for her maintenance and litigation, whereas her husband is earning an amount more than Rs. 1,000/- by way of pension. The husband appeared and resisted the claim for interim maintenance. After considering the facts and circumstances, the trial Court found that the original applicant-wife has no independent source of income and she is entitled to maintenance. This application Ex. 7 under Sec. 24 of the Hindu Marriage Act for interim maintenance came to be partly allowed. The respondenthusband is directed to pay an amount of Rs. 300.00 per month by way of interim maintenance to the respondent-wife from the date of the order which came to be passed on 25th October 1993.

(3.) The wife being dissatisfied with the quantum of interim maintenance and non-awarding of amount for the expenditure of litigation has preferred this revision.