GOURI DAS Vs. PRADYUMNA KUMAR DAS

JUDGEMENT

(1.) This is a revision by the wife against an order passed by the Subordinate Judge rejecting her application filed Sec. 24 of the Hindu Marriage Act 1955 (for short the Act') for pendente the maintenance and litigation expense in a proceeding initiated, by the opposite party-husband for under.Section 13 of the Act.

(2.) After entering appearance in the main proceeding, the wife filed an application Under Sec. 24 of the Act claiming Rs. 6,000.00; Rs. 1,000.00towards litigation expenses and Rs. 5,000.00 towards pendente lite maintenance. She submitted that she was a deserted and helpless lady having no independent income for her support and for defending her in the proceeding. Though she had taken shelter under the roof of her father, the meagre resources of her father, who was a retired Government servant, were insufficient to maintain and support her. She alleged that her husband was working an Assistant Engineer and was getting salary of Rs. 2,000.00 per month. Besides, he had income from agricultural lands, 7 acres in extent. The application was resisted by the husband. He averred that the father and the brother of the wife had considerable income. The wife had also considerable income from sewing. It was further alleged that the wife's family had a building at Cuttack, a portion whereof had been let out. He stated that after deductions, he received a sum of Rs. 1,000.00 only and the income from the agricultural lands was meagre.

(3.) Upon a consideration of the aforesaid materials, the learned Subordinate Judge rejected the application holding that there was no material before him that "the wife had no independent income sufficient for her support and the necessary expense of the divorce proceeding." The learned Subordinate Judge was of the view that had there been some material before him, he would have allowed a sum of Rs. 200.00 towards monthly maintenance to the wife.