NIMRAT KAUR Vs. JATINDER SINGH

JUDGEMENT

(1.) THE controversy here is with regard to the amount payable to the petitioner as maintenance pendente lite and expenses of litigation under Section 24 of the Hindu Marriage Act, 1955. (hereinafter referred to as 'the Act' ).

(2.) IN dealing with the matter, it would be pertinent to note that on the husband's own showing, he owns 2 commercial flats in Delhi besides 154 Kanals and 11 marlas, of the agricultural land and he amits to having an income of over Rs. 98,000/- per year, out of which, it is stated, he has to pay about Rs. 7,000/- on account of House Tax, Land Revenue and collection charges and another Rs. 10,000/- towards Income Tax. He is thus left with ever Rs. 80,000/- per year as his net income and yet all that Mrs. Harminder Kaur Sandhu, District Judge, Chandigarh found fit to award to the petitioner, was a sum of Rs. 600/-per month as maintenance pendents lite and Rs. 2,000/-as expenses of the litigation.

(3.) THE law is well-settled that in assessing the amount to be paid as maintenance pendent lite, regard must be had to the status and position of the parties and their respective incomes. Where, as in the case here, the husband has a net income of over Rs. 80,000/- per year, maintenance to the wife at the rate of Rs. 600/- per month, cannot, but be described as 'perverse'.