AVNISH PAWAR Vs. SUNITA PAWAR

JUDGEMENT

(1.) INVOKING the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the husband/ petitioner has called in question the defensibility of the order dated 6. 9. 1999 whereby the 4th Additional District Judge, Jabalpur in Civil Suit No. 251-A/98 has directed grant of maintenance in favour of a major son.

(2.) THE facts as have been undraped are that the petitioner filed an application under Section 13 (1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking divorce from his wife on many a ground including cruelty. The efforts of reconciliation by the Trial Court became an exercise in futility. Undisputedly the marriage between the two was solemnised in the year 1979 and in the wedlock a son was born in the said year and he was named Prashant. It is the admitted position that said Prashant stays with his mother, the non-applicant herein.

(3.) THE non-applicant filed an application under Section 24 of the Act for grant of litigation expenses of Rs. 5,000/- and maintenance allowance at the rate of Rs. 1,500/- per month for herself and Rs. 1,000/- for the son. The learned trial Judge has discussed at length with regard to earning abilities of the petitioner and the non-applicant as both of them are practising doctors and came to hold that the non-applicant is not entitled to pendente lite maintenance. However, the Court below directed payment of Rs. 2,500/- towards litigation expenses.