JIT SINGH Vs. JASBIR KAUR

JUDGEMENT

(1.) THE respondent Smt. Jasbir Kaur has filed a petition under Section 11 read with Section 5 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') against the petitioner Jit Singh, seeking a declaration by a decree of nullity that her marriage with the petitioner was void on the ground that the petitioner's spouse, with whom he was married earlier, was living and the marriage between two subsisted. During the pendency of the said petition, the respondent-wife made an application under under section 24 of the Act for litigation expenses and maintenance pendents lite. It was alleged that from the marriage with the petitioner a son Was born to her on August 25, 1989, and he was dependent on the applicant. It was further stated that she had no independent source of income. According to her, the husband was employed in M. E. S. and was getting a salary of Rs, 3,000/- per month besides additional income of Rs. 2,000/- from land and rent. She had paid Rs. 5,700/- as fee to the lawyer. She claimed Rs. 7,000/- as litigation expenses and Rs. 3,000/- as maintenance for herself and her minor son.

(2.) THE application was resisted by the husband. He alleged that he had to maintain two children from his first wife Smt. Pritpal Kaur, being a son and a daughter, aged 15 and 7 respectively. He denied income from sources other than his service.

(3.) THE learned trial Court held that the applicant-wife had no independent source of Income. On the basis of certificate of income granted by the employer, it was held that the husband's emoluments were Rs. 2,758/ -. It was further held that the wife and the minor child were entitled to about 1/3rd by way of maintenance. Accordingly, the maintenance allowed to the wife was fixed at Rs. 900/- and Rs. 200/- for the child. Further, litigation expenses amounting to Rs. 6,500/- were also ordered to be paid. The husband has assailed the order in this revision petition. ,