MANINDER KAUR Vs. MANISH KUMAR CHOURASIA

JUDGEMENT

(1.) BOTH these revisions are directed against the same impugned order dated 16th February, 2000 in Civil Suit No. 62-A of 1999 by IV Additional District Judge, Jabalpur and are, therefore, being disposed of together by this common order. Since the parties have inter-changed the position in both the above revisions, they would be mentioned in this order as petitioner/wife and respondent/husband.

(2.) UNDISPUTABLY, the petitioner/wife Smt. Maninder Kaur filed an application under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred as the Act for short) against the respondent/husband for restitution of conjugal rights. In the said application she also filed an application under Section 24 of the Act for grant of maintenance pendente lite and litigation expenses. It was averred in the said application that the respondent/husband carries on business in the name of Adlib Associates, which is a registered firm. It was also averred that he earns more than Rs. 25,000/- per month from the said business. The petitioner/wife had no source of income and has to take the help of her parents for her subsistence. Maintenance pendente lite @ Rs. 10,000/- per month and litigation expenses of Rs. 10,000/- was claimed by the petitioner/wife.

(3.) THE respondent/husband resisted the above application and though admitted that he is carrying on the business of the firm Adlib Associates, but it was denied that the income from the said business was Rs. 25,000/- per month. It was urged that the petitioner/wife is carrying on business in the name of Acme Enterprises and has an independent source of income of her own. It was prayed that the application of the petitioner/wife be dismissed.