(1.) THIS is an appeal by the wife under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').
(2.) ADMITTEDLY , the parties are parents of two sons and a daughter. Daughter is about 16 years old. One son is about 8 years old and the other is five years old. Both the parties are employed. Husband is an Assistant and wife is a Primary School Teacher.
(3.) ON receipt of notice wife filed an application for pendente lite maintenance of Rs. 500/ - for her, Rs. 350/ - for her son and litigation 2. expenses of Rs. 3,000/ -. Husband resisted the application stating that he is getting Rs. 1,283/ - per month from which he is spending Rs. 150/ - per month for house rent, Rs. 125/ - for education of the son with him and Rs. 200/ -for education of his daughter. He claims to be spending Rs. 60/ - for his treatment and Rs. 100/ - for commuting the distance to his office. He pays Rs. 100/ - to a cook engaged by him. With this claim the expenditure disclosed comes to Rs. 735/ - leaving a balance of Rs. 540/ - for other expenses. He claimed that the wife is getting a salary of about Rs. 1,000/ -which is sufficient for supporting her and the son. So far as litigation expenses the husband claimed that the wife is getting legal aid from the State.