SOHAN SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) THIS order will dispose of Civil Revision No. 299 of 1993 as also Civil Misc. No. 8070-CII of 1993 made in the above said revision petition.

(2.) SOHAN Singh-petitioner instituted a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against his wife, Smt. Majit Kaur. During the pendency of the said petition, an application under Section 24 of the Hindu Marriage Act was made by the wife claiming litigation expenses and maintenance allowance during the pendency of the proceedings. The application was contested by the husband. By order dated 22. 9. 1992 the Additional Senior Sub-Judge, Rupnagar directed maintenance @ Rs. 800/- per month and litigation expenses amounting to Rs. 1000/ -. Aggrieved by the order, the husband preferred the above said revision petition.

(3.) DURING the pendency of the revision petition, the wife made above mentioned civil miscellaneous application under Section 24 of the Act for grant of maintenance pendente lite and litigation expenses. The averments in the application under Section 24 made in this Court and in the reply filed on behalf of the husband thereto, parties have reiterated the averments made by them earlier in the trial Court. The case of the wife is that she has no independent source of income and she is living at the sufferance of her parents who are old and have other members of the family to look after. Her further case is that the husband is an agriculturist earning from that source alone about Rs. 5000/- per month. In addition, he is working as driver of harvester combine and a truck. It is further alleged that he is keeping 5-6 buffaloes and is selling their milk and his income form the various sources is Rs. 7000/- to 8000/- per month. She has claimed Rs. 2000/- per month as maintenance and Rs. 5000/- as litigation expenses. The case of the husband in reply is that his father owns only about five acres of land. He has three other brothers besides the father dependent on the land. He denied working as driver of harvester combine or truck. He has, however, not controverted the fact about the keeping of buffaloes. He has further alleged that the wife is earning independently.