SUSHILA Vs. RAJ KISHAN MOR

JUDGEMENT

(1.) THIS order shall dispose of above mentioned two revision petitions under Section 115 C.P.C. against the order dated 31.5.1999 passed by the trial Court directing the husband to pay Rs. 1500/- per month as interim maintenance to the wife and minor daughter, during the pendency of the suit under Section 18 of the Hindu Adoption and Maintenance Act, 1956. CR No. 3017 of 2000 has been filed by the husband, alleging therein that the order granting interim maintenance of Rs. 1500/- per month be set aside, while CR No. 4556 of 1999 has been filed by the wife and minor child, alleging therein that the amount of interim maintenance be suitably increased.

(2.) THE facts which are relevant for the decision of these petitions are that the wife and minor daughter had filed a suit for maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956 against the husband, on the ground that she was legally wedded wife while the daughter was student of 10th class and that the husband had deserted them and had refused to maintain them and that they had no source of income of their own. It was alleged that the husband was having income of 20,000/- per month besides agricultural property and a house and as such he can give Rs. 6000/- per month to applicant No. 1 (wife) and Rs. 4,000/- to applicant No. 2 (minor daughter) as interim maintenance. Accordingly, they claimed Rs. 10,000/- per month as interim maintenance during the pendency of the suit for maintenance. The said suit for maintenance and application for grant of interim maintenance were contested by the husband by filing written statement and reply, alleging therein that applicant No. 1 (wife) alongwith minor child had left the house with one Raj Singh Malik, contractor and she was living an unchaste life and she was being maintained by said Raj Singh Malik. It was alleged that suit for maintenance was not maintainable and as such application for interim maintenance was also not maintainable. It was alleged that his total income from all sources was Rs. 1683/- per month and out of the said amount, he was spending Rs. 1000/- per month on medicines.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.