LAWS(P&H)-1992-9-22

ATUL KUMAR Vs. BINDU KUMAR

Decided On September 01, 1992
ATUL KUMAR Appellant
V/S
BINDU KUMAR Respondents

JUDGEMENT

(1.) THIS is husband petition, challenging the order of the Addl: District Judge, Ambala, dated 30th of July, 1991, whereby maintenance pendente lite and litigation expenses have been awarded under Section 24 of the Hindu Marriage Act, to the respondent e. g. litigation expenses of Rs. 1,000/- and an equal sum as maintenance pendente lite, per month.

(2.) RECONCILIATION between the parties was attempted but it did not yield any result.

(3.) THE parties have been heard on the merits of this petition. The sole submission of the learned Counsel for the petitioner is that the Addl: District Judge, Ambala, has erred in law in awarding the maintenance pendente lite at the rate of Rs. 1,000/- per month, as there is no evidence on the record by which it can be inferred that the petitioner is having sufficient income. Counsel further submitted that the alleged family business under the name and style of M/s. Parkash Engineering Works, is owned by his father and uncle and this way the assertion of the respondent that the income of the petitioner, as partner of the above firm, is about Rs. 8000/- per month, is merely conjectural. There is no evidence on record by which it could be easily deduced that petitioner has income of Rs. 8000/- per month.