P PADMAVATI AMMA Vs. K G GOPINATH NAYAR

JUDGEMENT

(1.) THIS revision is directed against an order dated 27-7-1988 passed by Shri P. K. Dubey, IV Additional Sessions Judge to the Court of District Judge, Bhopal in R. C. S. No. 9-A/88 whereby exercising the jurisdiction under Section 24 of the Hindu Marriage Act, 1956, the Matrimonial Court granted maintenance pendente lite to the tune of Rs. 150/- per month and Rs. 300/- as litigation expenses in favour of the applicant and against the non-applicant/husband. Not satisfied with the above grant of maintenance, the applicant/wife has filed this revision on the ground inter-alia that considering the family status of the parties, this amount is too meagre to meet both ends.

(2.) LEARNED counsel appearing for the applicant contended that the husband/non-applicant is admittedly earning about Rs. 800/- per month and he can easily give half of the amount i. e. Rs. 400/- per month. No doubt, if there are no dependants of the husband, the wife being Ardhangani is certainly entitled to receive half of the salary of the husband. But where dependants are there, then the total salary of the. husband has to be divided amongst those dependants and some amount has also to be reserved for uncertainty. In this way, the share which comes in favour of the wife, has to be given to her.

(3.) IN the instant case, the counsel appearing for the non-applicant/husband contended that the husband has to maintain two sons and his parents. This being so, in the opinion of this Court, amounts so granted are not too meagre. However, if Rs. 50/- is enhanced in the maintenance amount raising the same to Rs. 200/- per month, it will satisfy the need of the applicant/wife. Similarly if the amount of Rs. 300/-, granted by the trial court towards the litigation expenses, is enhanced to Rs. 500/-, it will satisfy the need of the applicant/wife towards litigation expenses.