MITHU DAS Vs. SURAJIT DAS

JUDGEMENT

(1.) HEARD Ms. B. Sharma, the learned Counsel appearing for the petitioner (wife). Also heard Mr. S. Saikia, the learned Counsel appearing for the respondent (husband).

(2.) THE respondent filed a divorce suit i.e. Title Suit (D) No.16/2009 and after receiving summons from the Court, the wife appeared and applied for maintenance pendent lite under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act"). In her application, the wife pleaded that the husband runs a shop under the name and style of "Bornali Store" at Sepon and has other business income from which he earns Rs.40,000/ - every month. Accordingly she claimed maintenance of Rs.20,000/ - P.M. for herself and her minor son by projecting that she is unemployed and is residing at her paternal home at Dibrugarh. In his written objection, the husband however contended that he resides in a joint family and the monthly income from the shop is not more than Rs.2,200/ - P.M. Accordingly he objected to the plea of maintenance.

(3.) THE learned Addl. District Judge, Dibrugarh noted from the evidence that the husband earns Rs.6,000/ - P.M. from his shop and their standard of living is that of a middle class family. As the wife was then receiving Rs.800/ - as interim maintenance under Section 125 Cr.P.C., the amount was increased by Rs.400/ -, i.e. total Rs.1200/ - P.M. on the wife's application, filed under Section 24 of the Act. The availability of free legal aid to the wife in the divorce case under the District Legal Services Authority was taken into account while fixing the maintenance @Rs.1200/ - P.M. for the wife and the child.