RAM NARAIN PATHAK Vs. URMILA DEVI

JUDGEMENT

(1.) This is an appeal under Section 28 of the Hindu Marriage Act, 1955, against an order of the Judge, Small Cause Court allowing an application of the respondent moved under Section 24 of the said Act granting Rs. 200/- per month as maintenance allowance and Rs. 500/- towards the litigation expenses.

(2.) In a suit brought by the appellant under Section 13 of the Hindu Marriage Act for divorce against the respondent, the latter moved an application for grant of pendente lite maintenance and litigation expenses. She claimed that she was unable to maintain herself and two daughters and two sons born to her from the appellant with the income of Rs. 150/- which she was getting from a ration shop. She alleged that she required Rs. 1,000/- per month towards the expenses of the family and, as such, the said amount be awarded to her as maintenance.

(3.) The application was contested by the appellant. He asserted that as the respondent had independent income, she had no right to claim maintenance,