SIVA PRASAD Vs. LAKIHMI SUSEELA

JUDGEMENT

(1.) This revision is directed against the order passed by the Additional Subordinate Judge, Tenali in I. A. No. 2482/1979 in O. P. No. 159/1979.

(2.) The petitioner is the husband of the respondent herein. He filed 0. P. No. 159/79 for the annulment of marriage under Section 12 (d) of the Hindu Marriage Act. Then the respondent filed I. A. No. 2482/79 under Section 24 of the Hindu Marriage Act (hereinafter referred to as the 'Act') seeking for the interim maintenance and legal expenses pendente lite on the ground that she has no independent income sufficient to maintain her or to meet the necessary expenses of the proceedings in the above mentioned O.P. This I.A. was resisted by the petitioner on the ground that the petitioner is also indigent person and he has no independent source of income. The lower Court merely took into consideration the circumstances that the respondent has no independent income and her parents also have no sufficient means to maintain her, that she is now pregnant and she requires medical aid, that it is the duty of the husband to maintain the respondent and children till the petition is decided, that the petitioner is an able bodied man and an educated man who can earn something to eke out his livelihood and maintain his wife and children, that the respondent needs certain amounts to meet her legal expenses including the fees to her advocate and to bring the witnesses to be examined on her side and passed orders directing the petitioner to provide interim maintenance at the rate of Rs.50/- per month from the date 7-9-1979 on which day the respondent made appearance and also another sum of Rs. 150/- towards her legal expenses.

(3.) Aggrieved with the said order, the present revisionpetition is filed by the husband.