GAYATRI DEVI Vs. LAXMIKANT

JUDGEMENT

(1.) This is wife's revision against the trial Court's Order rejecting her application under Sec. 24 of the Hindu Marriage Act for grant of interim maintenance in a proceeding for divorce under Sec. 13 of the Hindu Marriage Act and also refusing to relegate the parties to the position on which they were on 4-5-84.

(2.) The order refusing to grant interim maintenance is mainly on the ground that the wife is possessed of sufficient means to maintain herself since she has been seen sitting in her father's shop from which sufficient income must be derived. It is obvious that any income of the father from the shop belonging to him cannot be taken into account for deciding the means of his married daughter. Even if the father is looking after his married daughter who has been deserted by her husband, it does not mean that the husband's liability to maintain his wife is reduced in any manner.

(3.) It has also been claimed by the husband that the wife derives income from tuition and some knitting work which she does in addition. The mere fact that the income from the father's shop is taken into account for deciding the means of the wife is sufficient to show that the finding on this question is vitiated. It is, therefore, unnecessary to examine the other meagre sources mentioned by the husband which may have been adopted for the time being by the wife to save herself from starvation. This part of the order must, therefore, be set aside.