MADAN LAL Vs. SUMAN

JUDGEMENT

(1.) This is a revision petition directed against the order dated 10-1-2002 passed by the Additional District Judge, Chandigarh allowing the application filed by the respondent under Section 24 of the Hindu Marriage Act, 1955 (for brevity, 'the Act') for grant of interim maintenance. The Additional District Judge allowed the application by granting interim maintenance of Rs. 2,500.00 (Rs. 1,500/- for respondent-wife and Rs. 1,000.00 for her minor daughter) from the date of the application. A sum of Rs. 5,000.00 was awarded as litigation expenses.

(2.) Brief facts of the case necessary for deciding the controversy raised in this revision petition are that the petitioner has filed a petition under Section 13 of the Act against the respondent-wife on the grounds of cruelty and desertion. It is alleged, that respondent-wife was proceeded ex parte twice which was subsequently set aside. Respondent filed an application under Section 24 of the Act asserting that the income of the petitioner was Rs. 10,000.00 per month as he has been working as Continental Cook in the Hotel Mountview. Besides herself she was to maintain her minor daughter who is about 12 years. The Additional District Judge allowed the application by recording the following order :

(3.) Assailing the order passed by the Additional District Judge, Shri P. S. Sarna, learned counsel has argued that the wife herself is working as a teacher and has independent source of income. He has further argued that income of the petitioner is very meagre and he has to maintain his old mother as well as 16 years old son. Therefore, awarding of Rs. 2,5000.00 (sic) for the wife and the daughter as interim maintenance is on higher side.