MADAN PAL @ MADAN LAL Vs. PARVESH KUMARI

JUDGEMENT

(1.) THE parties are estranged spouses who are litigating before the Trial Court in the context of a petition filed by the respondent -wife against the petitioner -husband under Section 13 of the Hindu Marriage Act for the grant of a decree for dissolution of the marriage. The respondent -wife also filed an application under Section 24 of the Hindu Marriage Act which was allowed by the learned Trial Court which (the learned Trial Court) ordered that the petitioner -husband shall pay a sum of Rs. 1000/ - per month as maintenance pendente -lite with effect from the date of the application and shall also pay a sum of Rs. 3300/ - as litigation expenses.

(2.) THE petitioner -husband is in revision.

(3.) IT is apparent from the impugned order that the learned Trial Court proceeded on the premise that the petitioner -husband is a labourer. However, it cannot be ignored from consideration that the respondent -wife has to fend for herself and also her two children whom she had begotten from the loins of the petitioner -husband. There is no controversy about the legitimacy of the children. There is not even an averment on behalf of the petitioner -husband that the respondent -wife has any means of sustenance.