KATTA RAGHAVULU Vs. KATTA BHARATAMMA

JUDGEMENT

(1.) The question that is posed in this civil Miscellaneous Appeal Is whether the court, while granting Interim maintenance under Section 24 of the Hindu Marriage Act is bound to award maintenance not exceeding 1/5th of the net income of the other spouse.

(2.) Let us first notice the material facts. The appellant before us filed OP 51 of 1972 in the Subordinate Judge's court, Chirala for divorce from his wife, the respondent. She Is not his first wife. He had married earlier, but the first wife died. Later, he married the respondent. He filed the petition for divorce on the ground that the resoondent was living in adultery. Pending the petition, the res pondent filed IA No. 642 of 1973 under section 24 of the HINDU MARRIAGE ACT, 1955 for interim maintenance and for provision for legal expenses. According to her, the husband had 14 acres of very good fertile land.

(3.) The husband resisted the application saying that she had one acre of land of her own and cash assets of Rs. 4000/- In addition to gold. He had only 9 acres of dry land and his net income was only Rs. 1000/-.