DR. YOGINDER PAL SONI Vs. PADMA SONI

JUDGEMENT

(1.) THIS is an appeal against the order of the District Judge, Patiala, dated 8th December, 1969, whereby the Respondent, Shrimati Padma Soni, was granted maintenance allowance of Rs. 250 per mensem and expenses of the litigation amounting to Rs. 700 in a petition filed by the Petitioner under Section 10 of the Hindu Marriage Act. During the pendency of the proceedings under Section 10 the Respondent made an application under Section 24 of the Act on the basis of which the impugned order was passed. Being aggrieved the husband, Dr. Yoginder Pal Soni, has come up in appeal to this Court.

(2.) IT is not disputed that the Petitioner has an income of Rs. 916 per mensem. This includes his basic pay of Rs. 560 plus allowances including the non -practising allowance. Besides this income the husband has also got a rental income of Rs. 75 per mensem. Though in the affidavit filed by Dr. Yoginder Pal Singh he has denied that he has any other income, but the Learned Counsel for the Respondent has placed on record a certified copy of the statement of the Appellant made in the Court of the Senior Subordinate Judge, Ferozepore, that he along with his two brothers are in receipt of a rent of Rs. 2,500 per annum. The share of the Petitioner out of this would be Rs. 800 per annum and his total monthly income would come to Rs. 1,000. Out of this income Dr. Soni would have to pay about Rs. 50 as Income Tax.

(3.) IN support of the argument that the Petitioner was entitled to the deduction of provident fund and insurance premium out of the total income reliance is placed on the following observations made in Mukan Kunwar v. Ajeetchand : A.I.R. 1958 Raj. 322.: - -