NIRMALA TIWARI Vs. SHOBHARAM TIWARI

JUDGEMENT

(1.) This revision under Sec. 115, Civil Procedure Code is directed against the order dated 29-3-85 passed by the District Judge, Durg whereby while considering the application under Sec. 24 of the Hindu Marriage Act (hereinafter referred to as the Act) presented by the wife interim alimony was granted to the applicant wife at the rate of Rs. 150.00 per month and an amount of Rs. 400.00 has been granted towards expenses of the litigation. Being dissatisfied with this order, the applicant-wife has filed this revision.

(2.) In nut-shell applicant's case is that admittedly, her husband who is a Junior Engineer in C.P.W.D. draws salary Rs. 1,000.00 per month and therefore, it is submitted that in these hard and dear days Rs. 150.00 is top less to maintain, particularly looking to the status of the parties.

(3.) Admittedly in this case the parties are Hindus and their marriage was solemnized according to vedic rites. The husband is getting salary of Rs. 1,000.00 per month having ne defendant to maintain. He has filed a suit for divorce before the Court of the District Judge, Durg, where as the applicant wife resides with her parents at Bhopal. Therefore she has claimed that the amount of expenses Rs. 400.00 as has been granted by the Court below, is quite insufficient to meet the expenses in real sense. On these grounds it is submitted that the order impugned passed by the District Judge be modified and the amount of interim maintenance and that of expenses for litigation as has been granted, be enhanced moderately. On the other hand the learned counsel appearing for the non-applicant supported the order of the District Judge and submitted that after considering all the aspects of the case, the District Judge has granted the maintenance and expenses towards litigation which require no interference by this Court.