RAVINDER KAUR ALIAS PAMMI Vs. MAKHAN SINGH

JUDGEMENT

(1.) Challenge in this revision is by the wife Ms. Ravinder Kaur to the order dated 27.1.1998 passed by the learned District Judge, Faridkot, granting her Rs. 6,000/- per month on account of maintenance pendente lite and Rs. 1,000/- as litigation expenses. She had filed a petition under Section 24 of the Hindu Marriage Act alleging that her husband Makhan Singh was earning Rs. 50,000/- per month, while she has no independent source of income and claimed a sum of Rs. 4,000/- per month on account of maintenance for herself as well as for the minor child, who was living with her.

(2.) The application was contested on the ground that the husband was neither having any business nor was having the income of Rs. 5,00,000/- as alleged. He claimed to be a labourer earning Rs. 600/- per month. He further contended that one child was living with him and the order of the learned District Judge was not liable to be interfered with.

(3.) From the above narrated facts, marriage is admitted; birth of two children from the wedlock is admitted and it is also admitted that one child is living with the husband and the another is living with his mother. The only controversy is with regard to the income of the husband. While the wife filed the application supported by her own affidavit and also the affidavit of two other persons in support of the facts averred in the application under Section 24 of the Hindu Marriage Act, the husband opted not to file any affidavit. As such, the affidavit filed by the wife in support of her application as well as that of the affidavits of Dalip Singh and Mohinder Singh remained unrebutted by way of evidence.