SUBHAS CHANDRA Vs. LAXMI RANI DAS

JUDGEMENT

(1.) The petitioner has assailed the order granting alimony pendente lite under Section 24 of Hindu Marriage Act, 1955 and also an order by which the said order granting maintenance is directed to be implemented by way of deduction from the retrial benefit.

(2.) This matrimonial action is at the instance of the husband/petitioner praying for a decree for divorce on the ground of cruelty.

(3.) In the said proceeding, an application under Section 24 of the Hindu Marriage Act was taken out by the wife/opposite party in which it is contended that the marriage was solemnised according to the Hindu Ritual and Rites on 24.02.1973 and of the said wedlock, a son and a daughter is borne on 18.04.1975 and 16.11.1984 respectively. It is her further case that the petitioner left the matrimonial house of his own in the month of March 1995 and since, thereafter, he never contacted the wife or the children. It is specifically stated in the said application that the husband is an employee under the Principal Director of Audit (Central Government) and is drawing the gross salary of Rs. 25,000/-. She claims a maintenance of Rs.10,000/- for herself and her daughter as she has no independent source of income.