SAMBIT PARIJA Vs. SURITA PARIJA

JUDGEMENT

(1.) The wife-opposite party has filed O.S. No. 630/2000 in the Court of the Civil Judge, Senior Division, Bhubaneswar against the present petitioner and his parents for annulment of marriage and other reliefs like permanent alimony, damages and return of alleged dowry articles. The ground for annulment is alleged impotency of the husband. The wife has alleged that on the fourth day of their marriage she discovered that her husband is impotent and incapable of consummating the marriage.

(2.) In the said suit the wife-opp. party No. 1 filed an application under Section 24 of the Hindu Marriage Act (hereinafter referred to as 'the Act') for alimony pendente lite and litigation expenses against the husband and his parents. In her application the wife stated that the husband is an Accounts Officer in the office of Director, Employees State Insurance, Bhubaneswar and is drawing a monthly salary of about Rs.10,000/-. She has further stated that both the parents of husband are doctors and each of them is earning about Rs. 15,000/- per month. Her father-in-law is also getting pension of about Rs. 12,000/- per month. She has claimed Rs. 6,000/- as monthly maintenance and Rs. 15,000/- as litigation expenses. The present petitioner and his parents have filed joint written objection contending that the prayer against the parents is not maintainable and that the take-home salary of the husband is only Rs. 4,950/- after all deductions.

(3.) During hearing of the said application under Section 24 of the Act the wife-opp. party No. 1 relied upon the salary certificate of the husband for the month of January, 2001 which showed his gross salary as Rs. 9,246/- and net income as Rs. 6,599/- after deduction. On the basis of the said salary certificate the trial Court by its order dated 8/02/2001 granted an interim maintenance at the rate of Rs. 2,000/- per month and Rs. 10,000/- as litigation expenses. The trial Court upheld the objection that under Section 24 of the Act no claim can be made against the parents of the husband. Being aggrieved by the aforesaid order the husband has filed this application under Section 115 of the Code of Civil Procedure before this Court.