YASHODA BAI Vs. OMKAR

JUDGEMENT

(1.) This revision under Sec. 115, C. P. C is filed by the wife against whom a petition under Sec. 13 of the Hindu Marriage Act for seeking decree for divorce has been filed. The applicant/wife has filed an application under section 24 of the Hindu Marriage Act for grant of maintenance pendente lite. She claims Rs. 250 p. m. for her maintenance and Rs. 400 towards litigation expenses.

(2.) The trial Court by the impugned order has rejected the application on the ground that the non-applicant has no independent or any other source of income but he resides with his father who is a cultivator and is also carrying on grocery shop in the village.

(3.) It is not disputed that the non-applicant is an able bodied man and it is not the case that he is disable to maintain his wife. Marriage is sacred union between man and woman having pious duties and obligations against each other. Therefore, the husband cannot escape the liability by saying that he has no independent or separate income. In such cases, if the husband is found to be an able bodied man this itself is sufficient to fasten the liability to maintain his wife or children as the case may be.