YASHPAL SINGH THAKUR Vs. ANJANA RAJPUT

JUDGEMENT

(1.) Invoking the civil revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure, 1908 (in short 'the C.P.C.') the husband -petitioner has called in question the legal validity of the order dated 15/1/2000 passed by the Fourth Additional District Judge, Jabalpur in Case No. 368-A of 1999 by which he has granted a sum of Rs. 2500/- towards litigation expenses to the non-applicant/wife and Rs. 600 towards monthly maintenance allowance to the child, namely, Prithwiraj.

(2.) The facts which have been unfolded are that the petitioner-husband filed an application under section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955 (for short 'the Act') for dissolution of his marriage with the non-applicant on the ground of adultery as well as mental cruelty. The marriage between the parties was solemnised on 30th May, 1996 at Jabalpur according to Hindu rites and rituals. The petitioner was working as a Private Secretary in the High Court of Madhya Pradesh at Jabalpur from October, 1995 to July, 1997. He resigned from his post on 15/7/1997. It was pleaded by the wife that in the wedlock, a child Prithwiraj, was born on 24/5/1997 and he is about two years old. It is not disputed that the non-applicant/wife is working as Technical Assistant in State Forest Research Institute, Jabalpur and her monthly income is Rs. 4725.00.

(3.) The husband-petitioner questioned the legitimacy of the child and prayed that parentage be decided by blood grouping. The wife consented the blood-grouping of her son. The trial Court accepted the application for blood- grouping of the parties and directed accordingly. However, the husband-petitioner could not arrange money for blood grouping. It is to be noted that the petitioner-husband filed an application for maintenance allowance under section 24 of the Act but the trial Court by order dated 29th October, 1999 rejected the said application.