SUSHMA USHA Vs. SUBHASH CHANDER

JUDGEMENT

(1.) In a matrimonial dispute pending in the Court of Sh. B.R. Vohra, Additional District Judge, Hissar, the wife, the petitioner herein, made an application under section 24 of the Hindu Marriage Act, claiming Rs. 1,000/- per mensem as maintenance pendente lite and Rs. 3,000/- as litigation expenses. The learned Judge, while mentioning the means of the parties, came to the conclusion that the wife had no independent source of income but the respondent had. The plea of the husband that his annual income was Rs. 4,000/- drawn running a General Merchandise shop was not accepted on its face value and it was held that his income was much higher than what had alleged in his reply. Without determining what income of the husband was, the learned Judge granted Rs. 200/- per mensem to the wife with effect from Dec. 13, 1984, and a consolidated sum of Rs. 400/- as litigation expenses. Aggrieved against the said order, the wife has approached this Court in revision. Notice has been served on the respondent, but he has not put in appearance.

(2.) The learned trial Judge was expected to come to a rough conclusion as to what was the annual income of the husband. Some guess work has thus been left to be done by this Court. The business of trading in general merchandise is not such a business which would not bring enough profits so as to maintain a lower middle class family quite timidly. In view of the high prices prevailing, Rs. 10/- per day to the wife would by no means be on the higher side. Accordingly I raise the maintenance allowance to the wife to Rs. 300/- per mensem with effect from Dec. 13, 1984. With regard to litigation expenses, it needs be observed that wife has to defend the litigation at Hissar while she is living with her father at Gidarbaha, at a distance of over 100 miles. Keeping that in view, litigation expenses are increased to Rs. 1,000/-.