P S KRISHNA MURTHY Vs. P S UMADEVI

JUDGEMENT

(1.) The petitioner is the husband. The respondent filed an application under Sec. 24 of the Hindu Marriage Act for payment of alimony pendente lite. The trial Court awarded a sum of Rs. 300/- to the respondent and Rs. 150/- towards maintenance of the daughter. Against this order, the Revision Petition has been filed.

(2.) The petitioner is resisting this order mainly on the vires of S.24 of the Hindu Marriage Act (Act 25 of 1955) for short "the Act". It is contended that under Sec. 36 of the Divorce Act maximum amount that could be granted is only 1/5th of the husband's average net income for the three years next preceding the date of the order, whereas under Sec. 24 of the Act the liability has been kept very vague. Therefore, it is violative of Art.14 read with Art.44 of the Constitution under common civil Code. It is further contended that the liability under the Divorce Act would subsist till the date of confirmation by the appellate Court, whereas under the Act it is liable till the date of passing of the decree and there is discrimination in that regard. I am unable to agree. Under Art.44 no doubt common civil Code is contemplated to be brought on statute. Though it is high time that a common Civil Code is to be made, yet, the Legislature has not brought it on statute. The question is whether it is violative of Art.14 of the Constitution. Section 24 of the Act reads thus :

(3.) It is next contended that the amount awarded is exorbitant. The income determined by the lower Court is Rs. 1,500/- pr month and out of that Rs. 450/- per month was the total amount awarded i.e., Rs. 300/- to the wife and Rs. 150/- to the daughter, besides Rs. 500/- towards legal expense. In those circumstances, I do not find any justification for interfering with the order passed by the Court blow. The Civil Revision Petition is accordingly dismissed, but in the circumstances, without costs. Petition dismissed.