SUKHPAL SINGH Vs. SHINGAR KAUR

JUDGEMENT

(1.) This revision is filed by the husband-respondent-petitioner assailing the impugned order passed under Section 24 of the Hindu Marriage Act, whereby the lower Court has ordered the respondent-petitionerhusband to pay Rs. 350/- per month as interim maintenance and Rs. 700/- as litigation expenses to the petitioner respondent wife.

(2.) Respondent-petitioner's grouse is that in the petition filed under Section 24 of the Act, the petitioner-respondent-wife has nor averred that she has no source of income to maintain herself or to bear the expenses of the proceedings and the husband's financial condition is better. Therefore, he should be ordered to pay her maintenance as well as litigation expenses. He drew my attention to the petition filed by the petitioner-respondent before the lower Court supported by her affidavit. In this petition, she has averred that they were married in November, 1990. After the marriage, respondent-husband started taking intoxicants and started beating her regarding which she has filed a petition under Section 13 of the Act seeking divorce. In para 3 of the petition, she has alleged that the respondent has four buffaloes and by selling milk, he earns Rs. 3000/- per month. He also works as Palledar and earns Rs. 2000/- per month from it. He takes agricultural land on rent and thus does farming as well. Thus, he can pay Rs. 1000/- per month as maintenance and Rs. 3000/- as litigation expenses to her. In para 4 she has averred that according to law, it is the duty of the respondent that he should maintain the petitioner. She filed her affidavit also in support thereof wherein identical averments were made.

(3.) Thus, according to the respondentpetitioner's learned counsel since in the petition filed under Section 24 of the Act, petitioner-respondent-wife has not alleged that she has no source of income, the lower Court had no jurisdiction to award her interim maintenance or litigation expenses.