MAYAWATI Vs. BINA RAM

JUDGEMENT

(1.) This is an application filed by Smt. Mayawati claiming maintenance pendente lite and litigation expenses from her husband Bina Ram, respondent herein. Wife had filed a petition under Section 13 of the Hindu Marriage Act seeking dissolution of marriage by a decree of divorce on the ground of cruelty and desertion. The petition was contested by the husband and the learned District Judge Rohtak, vide judgment dated 14.11.1996 dismissed the divorce petition leaving the parties to bear their own costs. This judgment of the learned District Judge has been assailed in the above appeal. It is during the pendency of this appeal that the wife has filed the present application.

(2.) Wife-applicant has stated in the application that the husband has 14 kanals of irrigated land and a plot in Charkhi Dadri. He is running dairy in the village. From all these sources his income is Rs. 5,000/-. On these basis she claims maintenance of Rs. 1500/- per month and Rs. 10,000/- as litigation expenses.

(3.) Reply to this application has been filed by the husband who stated that he does not possess the land referred to by the wife, nor he is running a dairy and rather he is fully dependent upon his father and has no source of income. Thus, he prayed for the dismissal of the application.