NEPAL ADAK Vs. MITHILESH

JUDGEMENT

(1.) HUSBAND Nepal Adak has filed this revision petition under Article 227 of the Constitution of India impugning order dated 13.01.2012 passed by the Matrimonial Court, thereby directing the husband-petitioner to pay Rs.5,000/- per month as maintenance pendente lite to respondent no.1-wife Mithilesh, besides Rs.5,500/- as litigation expenses, on application filed by the wife under Section 24 of the Hindu Marriage Act, 1955.

(2.) THE wife alleged in her application that she has no source of income and she has to maintain herself as well as minor son of the parties, admittedly residing with her. The husband is running a Sweet Shop and earning more than Rs.20,000/- per month. Besides it, he has property which has been rented out. The husband, in his reply, alleged that he is running a small Tea Shop, thereby earning Rs.100/- to Rs.150/- per day and he has no rental income . I have heard counsel for the parties and perused the case file.

(3.) ON the other hand, counsel for respondent no.1-wife contended that the husband is having sufficient income from the shop as well as rental income. It was also submitted that the maintenance pendente lite has been awarded by the Matrimonial Court, keeping in view the fact that minor son of the parties is also residing with the wife. I have carefully considered the matter.