ASHA Vs. ANAND PRAKASH

JUDGEMENT

(1.) HEARD Shri Y I. Mehta, for the applicant and Shri K.P. Gupta for the non -applicant.

(2.) BY the impugned order the trial Court has rejected on application Under Section 24 of the Hindu Marriage Act (for short 'the Act'), moved by the wife, in proceedings for divorce. The Court has observed in the. penultimate paragraph of the order that it was true that Under Section 24 of the Act the Non -applicant -wife should be granted interim maintenance but it appeared to the Court from the pleadings in the case that the financial status of the parents of the N.A./wife is not such that the N.A./wife would starve. This is hardly a judicial order. The impugned order, therefore, is liable to be set -aside. I examined the material put by the parties on record in connection with the application for interim maintenance and I find that sufficient material for decision of the question of interim maintenance has not been put on record by both the parties. The wife has alleged that the husband has an income of Rs. 6,000/ - p.m. and is engaged in a lucrative business of renting out V.C.R., Video Cassettes, T.V. etc. It has also been alleged that a Kirana Shop is also being run by the husband. The husband has, while denying these allegations, alleged that a large amount is lying in deposit in the Bank account of the defendant/wife and earning from interest on that account is Rs. 1000/ - P.M. It has also been alleged that the wife had received enough property from her father, and she is also a partner in buiness with her father. Affidavits have been filed alongwith the application and reply. The cross -examination on the affidavits has not been sought by the parties before the Trial Court.