SARITA MEHTA Vs. CAPTAIN ARVIND KUMAR MEHTA

JUDGEMENT

(1.) THIS F.A.O. has been directed against the order of the Senior Subordinate Judge, Chandigarh dated June 14, 1976 for awarding Rs. 225 per mensem to the petitioner by way of maintenance pendente lite in her petition for judicial separation.

(2.) THE petitioner, who is legally wedded wife of the respondent has filed a petition under section 10 of the Hindu Marriage Act for judicial separation against her husband in the Court of the Senior Subordinate Judge, Chandigarh. The petition is being contested by the respondent. Pending the petition, the petitioner, filed an application under section 24 of the Hindu Marriage Act for awarding her maintenance pendente lite and expenses of litigation. It was stated in the application that the respondent, who is in the Indian Army, was drawing Rs. 1,500/ - as monthly pay and has an annual income of Rs. 30,000/ - from his agricultural land. The petitioner demanded Rs. 500/ - per mensem by way of maintenance and Rs. 2,000/ - as litigation expenses.

(3.) PENDING this petition, an order made by the Government of India, allowing Rs. 225/ - per mensem to the petitioner as maintenance under section 90(1) of the Army Act was produced. Vide this order deductions are made of Rs. 225/ - p.m. from the salary of the respondent from February, 1976 payable in March and onward for payment to the respondent.