SANGEETA SAXENA Vs. GYANENDRA SAXENA

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 11th of November, 1991 passed by VII Additional District Judge, Gwalior whereby he had allowed the subsistence allowance Under Section 24, Hindu Marriage Act since 10th of May, 1990 at the rate of Rs. 300/- per month to the appellant and Rs. 100/- per month to the girl child who was aged 7 years, living with the petitioner.

(2.) THE appellant has urged that the appellant was married to the respondent on 23rd November, 1987. A child was born to her in this wedlock in October, 1988. Since 26th July, 1989 the appellant was living separately with her parents. The respondent in the meantime had filed a civil suit for restitution of conjugal rights under the provisions of Hindu Marriage Act which was pending. During the pendency of that suit an application was presented by the appellant on 25th of August, 1989 for granting subsistence allowance and costs of the proceedings Under Section 24 of Hindu Marriage Act. That application was considered and the trial Court had allowed a meagre amount of maintenance at the rate of Rs. 250/- per month for the appellant and Rs. 50/per month for the girl child. Against that order a revision was preferred before the High Court and the High Court had directed that the trial Court shall reconsider the matter and remanded the case back and after rehearing of the parties this present order under appeal, was passed.

(3.) IT has been urged that although the trial Court had enhanced some maintenance from Rs. 250/to Rs. 300/- per month to the appellant and from Rs. 50/- to Rs. 100/- per month to the child which is too meagre and insufficient to maintain themselves during the pendency of the proceedings.