PRAHALAD PAL Vs. UTTAMA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 17. 3. 1990 passed by the Tenth Addl. Judge to the Court of District Judge, Indore in Hindu Marriage Case No. 177 of 89, whereby the learned Judge considering an application under Section 24 of the Hindu Marriage Act has passed the impugned order directing the applicant to pay Rs. 350/- per month to the non-applicant and Rs. 150/- per month for each of the two children, who are in the custody of the mother. Rupees five hundred has also been awarded for the expenses of the case.

(2.) IN a matrimonial proceeding, an application was filed on behalf of the non-applicant who is the wife of the applicant, under Section 24 of the Hindu Marriage Act, alleging that the present petitioner has rental income of. Rs. 300/- per month from a house in Manorama Ganj. He has also an amount of Rs. 50,000/- in his name deposited in the Punjab National Bank from which he gets interest. He also works in a Company in Manorama Ganj from which he gets a salary of Rs. 1,500/- per month and he also works part time from which he gets Rs. 300/- per month. As such the income of the petitioner is Rs. 3000/- per month. The wife non-applicant demanded Rs. 1000/-for the expenses of the case, Rs. 500/- per month for her maintenance and Rs. 300/- each for the maintenance of the two children.

(3.) THE application was resisted by the present applicant on the ground that the non-applicant has an independent source of income by stitching. The averments about the income and deposit in the Bank have also been denied. According to him he gets only a salary of Rs. 550/- whereas the non-applicants earns Rs. 25/- to Rs. 30/- per day from stitching.