TEJRAM PATEL Vs. KRUTANJALI PATEL

JUDGEMENT

(1.) THE aforesaid two writ applications arise out of a common order granting maintenance under Section 24 of the Hindu Marriage Act.

(2.) THE petitioner in W.P. (C) No. 8042 of 2004 is the husband of petitioner in W.P. (C) No. 9132 of 2004. The husband filed Title Suit No. 115 of 2001 in the Court of the learned Civil Judge (Sr.Divn.), Sambalpur, praying for dissolution of marriage on the ground that after solemnization of the marriage he was treated with cruelty and also on the ground that the wife was suffering from mental disorder as a result of which it was not possible for them to stay together. Though these are the main grounds on which the suit has been field under Section 13 of the Hindu Marriage Act, other grounds have also been taken in the suit for dissolution of marriage.

(3.) SHRI Mishra, learned counsel appearing on behalf of the husband submitted that the revision filed before the learned Addl. District Judge was not maintainable after amendment of the Code of Civil Procedure and as such, the impugned order passed in the revision is without jurisdiction. The wife who appeared in person on the other hand submitted that enhancement can also be allowed in the writ application filed by her even if the order passed by the revisional Court is held to be without jurisdiction. So far as the interim maintenance is concerned, in course of hearing it was submitted by the wife that the husband is earning about Rs. 5,000/ - towards salary and also earns about Rs. 5,000/ - from agricultural source and, therefore, the total income of the husband per month comes to Rs. 10,000/ -. According to her, she is not serving anywhere and has to take care of her three children whose education expenses come to near about Rs. 1,600/ - per month.