RAJESH Vs. ANURADHA

JUDGEMENT

(1.) IN this petition Under Section 24 of the Hindu Marriage Act, 1955, Mrs. Anuradha applicant herein has claimed maintenance pendente lite at the rate of Rs. 4,000/- and Rs. 11,000/- as litigation expenses. The facts are that Mr. Rajesh had filed a petition Under Section 13 of the Hindu Marriage Act for dissolution of his marriage with Smt. Anuradha on the ground of cruelty and dissolution. The learned trial Court vide detailed judgment dated 15. 2. 1997 dismissed the petition for divorce filed by the husband with costs. Against this judgment and decree the husband preferred an appeal before this court which had been admitted to regular hearing.

(2.) DURING the pendency of this appeal on 20. 11. 1997 present application for interim maintenance has been filed by the wife. The allegations in the application are that the husband is an Engineer employed in the All India Radio, New Delhi. He was getting salary of Rs. 11,000/- per month before revision of pay scales as awarded by the 5th Pay Commission. Now his salary is nearly Rs. 15,000/- per month. Mrs. Anuradha is stated to have no independent source of income.

(3.) I have heard the learned counsel for the parties at some length. The undisputed facts are that the petitioner is an Engineer and is employed in the All India Radio, C. B. S. New Delhi. Nothing has been placed on record to show that wife is earning or has any other independent source of income to make her ends meet and live a descent life. During the course of arguments, the learned counsel for the husband placed the salary slip for the month of November, 1997 on record. According to this the petitioner is receiving total emoluments of Rs. 9489/ -. Deductions are shown to be Rs. 5060/ -. Net salary is Rs. 4429/ -. The husband is maintaining the children born from this marriage and his old parents.