BALTI DEVI SHUKLA Vs. CHHOTELAL SHUKLA

JUDGEMENT

(1.) This revision is against an order passed by the Addl. Judge to the court of District Judge Jabalpur whereby the application moved by the appellant/wife for grant of interim alimony and expenses of the proceedings in an action filed by the respondent under Sec. 13 of the Hindu Marriage Act has been dismissed on a finding that the applicant herself is earning about Rs. 1,000.00 per month as a medical practitioner. In my opinion, the impugned order cannot be allowed to stand and the matter must go back for an inquiry and for passing an order afresh on that application according to law.

(2.) The suit before the lower Court is filed by the respondent/husband seeking divorce. Respondent is living at Katni while the applicant admittedly lives at Banda. She has averred on affidavit that she has no independent source of livelihood and, therefore, prayed for grant of interim alimony and expenses of the proceedings. The record does not show that any counter affidavit was filed by the respondent. The learned counsel for the respondent, was also unable to enlighten me on the matter. However, on the record is an affidavit of one Ramnarayan Prima facie that affidavit of Ramnarayan inspires no confidence. All the same I find that there is hardly any material on record to decide that application. Learned counsel for the applicant prayed that under the circumstances the parties should be given an opportunity to adduce evidence. I feel that the prayer is quite just in the circumstances of the case. The lower Court seems to have decided the application rather perfunctorily.

(3.) For the aforesaid reasons, the revision is allowed. The impugned order is set aside and the case is sent back to the lower court which shall after giving opportunity to the parties to adduce such evidence as they may like on the question of grant of alimony and expenses of proceedings, decide that application according to law. Under the circumstances, there shall be no order as to costs.