PREM SAGAR Vs. NIRMALA

JUDGEMENT

(1.) Prem Sagar, petitioner-husband filed a petition against the respondent-wife, Nirmala, for dissolution of marriage and a decree of divorce under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as the Act). While contesting the petition, respondent-wife filed an application under Section 24 of the Act claiming maintenance pendente lite and the cost of proceedings. According to the allegations contained in the application, respondent-wife has no independent source of income to maintain herself and cast to maintain the proceedings; that the petitioner-husband is running a Chemist shop and is earning Rs. 14,000/- per month; that her husband also has income from other sources as well. She claimed maintenance at the rate of Rs. 1,000/- per month and Rs. 4,000/- as litigation expenses.

(2.) Application under Section 24 of the Act was contested by the petitioner- husband. His plea is that he is running the Chemist shop jointly with his brother. Ashok Kumar and that the total income from the shop is not more than Rs. 1,000/- to Rs. 1,100/- per month; that his share come to Rs. 500./- or Rs. 600/- per month. His further plea was that the wife was earning Rs. 300/- per month by doing tailoring work. Following issue was framed :

(3.) Trial Court awarded Rs. 450/- per month as maintenance pendente lite w.e.f. 1.12.1989 and Rs. 550/- as litigation expenses. Wife was also drawing Rs. 200/- per month as maintenance under an order passed under Section 125 Code of Criminal Procedure holding further that she would be entitled to one maintenance and during the period she would get maintenance pendente lite in these proceedings, she would not be entitled to the maintenance awarded under Section 125, Cr. P.C. Husband-petitioner, aggrieved against the said order has filed the present revision petition.