ASHA KAPOOR Vs. RAS BIHARI

JUDGEMENT

(1.) This revision petition is directed against the order dated 23.11.1990 passed by the learned Additional District Judge disposing of an application under Section 24 of the Hindu Marriage Act moved by the petitioner-wife during the pendency of a petition under Section 12 of the Act ibid.

(2.) The marriage between the parties took place on 12.3.1986 at Amroha, District Muradabad (U.P.). The wife took out proceedings for maintenance under Section 125 of the Code of Criminal Procedure in the Court at Muradabad. The respondent-husband filed an application under Section 12 of the Act ibid in the Court of learned Additional District Judge, Ambala. It is in this situation that an application under Section 24 of the Act was filed by the wife claiming maintenance pendente lite as also the litigation expenses on the broad allegations that the respondent was a Government employee and getting a salary of Rs. 2500/- per month and he having deserted her for the last four years without any sufficient cause, she is entitled to maintenance pendente lite and litigation expenses which, she prayed, may be granted at the rate of Rs. 1000/- per month and Rs. 10,000/- respectively. It was asserted by the petitioner that she had no source of income to maintain herself. Admittedly, no child was born out of their wedlock.

(3.) The application was contested by the respondent-husband alleging that the maintenance granted by the learned Magistrate under Section 125 of the Code was reduced from Rs. 500/- to Rs. 300/- per month and that the wife was also earning Rs. 500/- per month from stitching and embroidery which was sufficient to maintain herself. The husband further alleged that he was drawing a total salary of Rs. 1250/- after various deductions. He, however, stated that his total salary as on 9.7.1990 was Rs. 2023/- and as on today was Rs. 2086/-.