SURJIT KAUR Vs. AMARJIT SINGH

JUDGEMENT

(1.) BY this common order, I propose to dispose of C.M. Nos. 24 and 84-M of 1997 both filed in FAO No. 29-M of 1997. While C.M. No. 24-M of 1997 is the application filed by the wife under Section 24 of the Hindu Marriage Act praying for grant of maintenance pendente lite and litigation expenses, C.M. No. 84-M of 1997 is the application filed for the same relief by the husband against his wife.

(2.) THE necessary facts are :- that Surjit Kaur wife of Amarjit Singh had filed a petition under section 13 of the Hindu Marriage Act praying that the marriage be dissolved between the parties on the ground of cruelty and desertion. The parties were married on 7th May, 1981. They lived together for some time. No child was born out of this wedlock and it was averred that the husband was a greedy person, addicted to drinking and demand of dowry and such other allegations have been made in the petition. The case was contested by the husband who denied the allegations of desertion and cruelty and further stated that he was willing to take the wife back to matrimonial home. He had made offer in this regard. He had also filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, which was dismissed for non-compliance of the order of the Court for non-payment of maintenance vide order dated 12.10.1988. Even in earlier proceedings under section 125 of the Cr.P.C. which was filed by the wife, the wife had refused to accompany her husband. On these bases he stated that the applicant-wife is not entitled to any maintenance pendente lite and litigation expenses.

(3.) IN the application under Section 24 of the H.M.A. filed by the wife, she has stated that she has no source of income and she does not own or possess any moveable or immovable property and is depending on her parents for her livelihood. It is averred that the husband has independent source of income. He has land situated in Village Sultanpur Lodhi as well. He is stated to be earning Rs. 10,000/- per month.