GURJEET SINGH Vs. VAJINDER KAUR

JUDGEMENT

(1.) This revision petition is filed against the order of the learned Additional District Judge, Amritsar, dated September 17, 1977, whereby the respondent was allowed Rs. 400/- per month on account of maintenance pendents lite and Rs. 750/- for litigation expenses.

(2.) Before dealing with the revision on merits, I may first dispose of the preliminary objection raised by the learned counsel for the respondent that the revision cannot be heard because the petitioner has failed to comply with the impugned order. I am afraid, I am unable to agree with the learned counsel. The decision relied upon by the learned counsel Ram Swaroop v. Smt. Janak, 1972 74 PunLR 933has no bearing so far as the facts of the present case are concerned. Here, the very order whereby the maintenance was granted is in dispute whereas in the other case the order granting maintenance was not under challenge. I am, therefore, of the view that the hearing of the revision petition cannot be postponed for non-compliance of the impugned order.

(3.) So far as the merit of the controversy is concerned the learned counsel for the petitioner has challenged the validity of the impugned order on the ground that the same is based on mere conjectures and surmises. The contention of the learned counsel appears to be well-merited. The learned Additional District Judge has himself observed that he would have to depend upon surmises and enter into the realm of imagination for awarding maintenance and litigation expenses. This is wholly an unwarranted approach. No evidence had been produced by the respondent to prove the income of the petitioner. So her application ought to have been dismissed unless the petitioner admitted that he had some source of income. No order allowing maintenance and litigation expenses can be passed on mere conjectures and surmises. The impugned order, therefore, has to be set aside. However, from the perusal of the affidavit by the petitioner, it is revealed that it was admitted by him that he was earning Rs. 200/- per month. On the basis of this admission, I allow Rs. 100/- as maintenance and Rs. 300/- as litigation expenses from the date of the application in the trial court.