SUNANDA JAL Vs. GOURANGA BAGARTY

JUDGEMENT

(1.) The petitioner is the wife of opposite party. Their marriage was solemnized on 9.5.08 as per the Hindu rites and customs. Since dissensions cropped up in the family, the opposite party instituted MAT C.S. No. 12 of 2013 in the Court of the learned Civil Judge (Sr. Divn.), Bolangir under Section 13 of the Hindu Marriage Act for a decree of divorce. During pendency of the said case, the petitioner filed an application under Section 24 C.P.C. for grant of interim maintenance. It is stated that she has no income of her own. She depends on her parents. She is not in a position to meet the expenses of the case. The opposite party has not provided any amount towards maintenance. It is further stated that the opposite party is a man of substantial means. He is working in a Micro Finance Organization. He has let out stalls on rent and is earning Rs. 25,000/- per month. The opposite party filed an objection to the same denying the assertions made in the petition. It is stated that he is unemployed having no source of income for which he is not in a position to provide maintenance to the petitioner. The said case was transferred to the Court of the learned Judge, Family Court, Balangir and renumbered as C.P. No. 12/102 of 2013. Learned Judge, Family Court, Balangir came to hold that according to the opposite party, he is working in a private institution with salary of Rs. 3000/- per month and is managing his family with much difficulty. At present, he is no more working. The petitioner has not filed any scrap of paper to controvert the assertion of the opposite party that he has income. It was further held that in view of the meager income of the opposite party, no relief can be granted to the petitioner. Held so, by order dated 10.9.2014 learned Judge, Family Court, Balangir rejected the application.

(2.) Heard Mr. T. Nanda, learned Counsel for the petitioner and Mr. H.S. Mishra, learned Counsel for the opposite party.

(3.) Mr. Nanda, learned Counsel for the petitioner submits that the opposite party is working in a Micro Finance Organization and he has let out stalls on rent. He is a man of substantial means. Learned Judge, Family Court, Balangir rejected the application on an untenable and unsupportable grounds.