SHAKUNTLA Vs. OM PARKASH

JUDGEMENT

(1.) Smt.Shakuntla, petitioner, was married to Om Parkash respondent on 4th July, 1968 After living sometime together the parties separated. Om Parkash respondent filed a petition under section 13 of the Hindu Marriage Act against his wife Smt. Shakuntla for obtaining a decree of divorce. During the pendency of that petition, Smt. Shakuntla filed an application under section 24 of the Hindu Marriage Act for maintenance pendente lite and litigation expenses. That application was rejected by the trial Judge on 4th October, 1977. The learned trial Judge has observed that out of the salary of Rs. 568/-, Rs. 228/- are being deducted for making payment to Smt. Shakuntla, petitioner. on the basis of previous order of maintenance and a sum of Rs. 141/- is also being deducted from his salary on account of compulsory deductions, and thus he is left with Rs. 199/- per month. On this ground the petitioner's application for maintenance pendente lite and litigation expenses was disallowed. It is against this order that the present petition has been filed by Smt. Shakuntla.

(2.) Mr. Luthra, learned counsel for the husband respondent, says that at present Rs. 228/- are being deducted from the salary of the respondent towards past arrears and that after the post arrears are cleared, then Rs. 150/- per month may be deducted from his pay as maintenance pendente lite in these proceedings. Accordingly it is directed that after the past arrears are cleared, then Rs. 150/- per month only be deducted from the respondent's salary and paid to Smt. Shakuntla on account of maintenance pendente lite in the present proceedings. It is further directed that the respondent will pay Rs. 200/- as litigation expenses to the petitioner.

(3.) For the reasons recorded above., the impugned order is hereby quashed and the petition is allowed with no order as to costs.