SOMEN GHOSH Vs. BANI GHOSH NEE SEN

JUDGEMENT

(1.) THE short point in this Revisional Application is even when the applicant wife does not prove the actual income, if any, earned by the husband opposite party, whether the court has jurisdiction to award the applicant alimony under section 2 4 of the Hindu Marriage act, 1955. By the order complaied of in this Revisional Application, the learned Additional district Judge, 9th Court, Alipore 2 4-Parganas has inter-alia, held that even when he has no independent income of his own, the husband has responsibility to maintain his wife who has also no independent income and, therefore, he has directed the petitioner to pay his wife, the opposite paijry herein, maintenance at the rate of Rs. 200/- per month and sum of Rs. 200/- as litigation expenses.

(2.) WE find no substance in the extreme submission made on behalf of the petitioner that unless the petitioner husband actually earns any income, under section 24 of the Hindu Marriage act , the court cannot order him to pay maintenance pendente lite and expenses of proceeding to his wife. In this case, undisputedly, the opposite party wife who applied under section 24 of the Hindu Marriage Act has no independent income for her support and the expenses or the proceeding. Section 4 of: the Hindu Marriage Act is not relevant for deciding the question. Right of a Hindu wife to claim maintenance from her husband is no longer based only upon texts, rules or interpretations of t-he Hindu Law or any custom or usage in force' immediately before the commencement of the Hindu Marriage Act, 1935. Apart from the provisions of section 18 of the Hindu Adoption and Maintenance Act. which came into force after the commencement of the Hindu Marriage Act, 1955, under sections 24 and 25 of the said Act of 1955 in any matr. imonia1 proceeding the court, may order for payment of respectively maintenance pendente lite, for litigation expenses and for permanent alimony and maintenance, no doubt, under the aforesaid provisions of the hindu Marriage Act the court may make such orders either in favour of the wife or the husband who has no independent income? sufficient for her or his support. Provisions of sect ions 24 and 25 of the Hindu Marriage Act, 1955, however, do not in any way override or abrogate ' right of a wife for maintenance as an incident of the status or estate of matrimony'.

(3.) IN case in a matrimonial proceeding the wife is the petitioner and it appears to the court that she has no sufficient independent income, in making an order under section 24 of the hindu Marriage Act, 1 955 it would be reasonable for the court to take among other things into consideration the legal obligation, of the respondent husband to provide for maintenance and support of his wife. Unlike provisions contained in other matrimonial laws either the wife or the husband who has no sufficient independent income is entitled to apply under section 24 of the said Act of 1955 for ordering the respondent, wife or the husband to pay maintenance pendente lite and expenses of the proceeding. But, as already- stated, the same does not in anyway alter the law relating to the obligation on the part of the husband to maintain his wife.