BHAJAN SINGH Vs. PARMINDER KAUR

JUDGEMENT

(1.) This petition is directed against an order dated March 1, 1982, passed by the Additional Sessions Judge, Jullundur, under section 24 of the Hindu Marriage Act, entitling the respondent wife to a maintenance allowance of Rs. 200 per month pendente lite from the date of the application and Rs. 500 as litigation expenses. The present petitioner contested the application in all seriousness inter alia raising the plea that the respondent is not married to him and had actually been married to his brother Bant Singh. He also denied that he was having any independent income either to maintain her or to pay the litigation expenses.

(2.) In order to support her claim, the respondent did not choose to produce any evidence except her own affidavit deposing therein that she was married to the petitioner though he had already been married to one Chhindo and was having three children from her. It was also averred that he was gainfully employed in England and was earning about Rs. 10,000 per month besides a substantial income from 11 acres of agricultural land. As already indicated, these assertions made on behalf of the respondent were denied by the petitioner in his affidavit. Weighing the two affidavits on record, the lower Court has passed the impugned order.

(3.) The learned counsel for the petitioner urges with some amount of vehemence that the lower Court has found no factual basis for the above noted conclusion and has rather depended on conjectures and surmises.