HARIPRASAD HARSUKHRAM PANDYA Vs. KALPANA HARIPRASAD PANDYA

JUDGEMENT

(1.) xxx xxx xxx

(2.) This Revision Application is filed by the husband, who is petitioner in HMP No. 39 of 2003 challenging the order dated 3.2.2007 passed by 5th Additional Senior Civil Judge & Judicial Magistrate First Class, Bhuj at Kutchh below application made under Section 24 of the Hindu Marriage Act, whereby, the Court partly allowed the application and awarded interim maintenance of Rs. 2000/ - p.m. from the date of the order and Rs. 5000/ - lump sum for expenses. Being aggrieved and dissatisfied with the said order, the husband has preferred this Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908.

(3.) Shri Anjaria, learned counsel for the petitioner has submitted that the concerned court ought to have appreciated in its true prospective the fact that the applicant wife has two leases of bentonite running in her name out of which a royalty of Rs. 75,000/ - per annum was being paid which would lead to the inference that she has sizable earnings out of the same. The letter to this effect issued by the concerned Geologist, Kutchh is placed on record which was also there before the lower Court. He submits that under Section 24 of the Hindu Marriage Act, the Court was under an obligation to take into consideration such material, which indicates that the applicant wife was in fact earning an amount for supporting herself and daughter.