MAHENDRA KUMAR MISHRA Vs. SNEHALATA KAR

JUDGEMENT

(1.) This revision by the husband arises out of an order granting interim, maintenance to the wife and the child and the expenses of the proceeding on a petition filed under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').

(2.) The petitioner filed Original Suit No. 9 of 1981 under Section 13 of the Act for a decree for divorce. During the pendency of the proceeding, the opposite party filed an application for pendente life maintenance for her and her child and expenses of the proceeding. She alleged that the petitioner had neglected her and the child and as she had no income to support her and the child, maintenance pendente lite should be granted. Upon a consideration of the evidence adduced by the parties, the learned Subordinate Judge directed payment of pendente lite maintenance at the rate of Rs. 150/- per month to the wife and at the rate of Rs. 80/- per month to the child. A consolidated sum of Rs. 300/- was awarded towards expenses of the proceeding. It may be noted here that the petitioner disputed that he had sired the child.

(3.) In this revision the challenge of the petitioner is to the grant of pendente lite maintenance to the child, on a petition filed under Section 24 of the Act. He has also challenged the quantum of maintenance as excessive.