JAGATJIT SINGH Vs. SUSHMA

JUDGEMENT

(1.) THE respondent-wife in her application filed under Section 24 of the Hindu Marriage Act, during the pendency of divorce petition instituted by the petitioner husband, was allowed maintenance pendente lite at the rate of Rs. 1,000/- per mensem and Rs. 1,500/- as expensed of proceedings vide orders dated September 1, 1992 passed by Additional District Judge Jalandhar. It is against this order that the present revision petition has been filed.

(2.) BRIEFLY the facts reveal that the petitioner-husband sought dissolution of marriage with respondent-wife on various grounds and during the pendency of the petition aforesaid, the respondent-wife filed an application under Section 24 of the Hindu Marriage Act claiming maintenance pendente lite at the rate of Rs. 1,000/ per mensem and Rs. 5,000/- as expenses of proceedings by pleading that she had no movable or immovable property to support herself as also that she has no source of income whatsoever. She also pleaded that the petitioner was dealing with the sale of auto spare parts and shoes and his monthly income was Rs. 5,000/ -. He had no liability except to maintain the respondent-wife and the minor child.

(3.) IN response to the notice issued in the application aforesaid, the petitioner-husband filed reply and opposed the prayer. He, inter alia, pleaded that the respondent wife was a teacher working in Nauhria Mal Jain High School, Ludhiana and was drawing salary of Rs. 1,500/ per mensem. Besides, she was also earning Rs. 1,000/- per mensem from tuition work. In so far as his income is concerned, he pleaded that he had no income whatsoever and he was un-employed.