SMT. JIWAN LATA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) THIS is an application in which a prayer had been made for reviewing my order dated 7th May, 1979, vide the said order I held that since the trial Court found that the appellant wife was living unchaste fife, therefore, it was not desirable to award any maintenance at that stags. This finding was recorded by me probably keeping in view the provisions of section 25 of the Hindu Marriage Act. Learned counsel for the appellant has rightly contended that some of the ingredients as mentioned in Section 25 of the Act are not relevant for the purposes of Section 24 of the Act under which the present application was nude This contention appears to me with merit. Therefore, I recall my order dated 7th May, 1979 and held that the application for maintenance by the appellant daring the pendency of litigation shall be disposed on merits.

(2.) AS regards merits it has been averred in the application that the respondent is getting Rs 800/ - as pay and a further sum of Rs. 300/ - as remuneration for working as instructor in Civil Defence. An affidavit in reply has been filed and it has been stated that the respondent's meager pay is Rs. 494105 paise per month. It has been denied that he is getting remuneration as instructor of the Civil Defence. It has further been averred in the affidavit that the appellant has succeeded to some property from her father and property worth about Rs. 30,000/ - has come to her share, out of which she is getting Rs. 50/ per month as rent. It has further been mentioned that four children were born out of the wedlock. One minor daughter is with the appellant, where as other three children, one daughter aged about 8 years and two sons aged 6 and 5 years respectively are being maintained by the husband. No counter affidavit has been filed to controvert the above averments Keeping in view the totality of the circumstances and keeping in view the income of the appellant and the respondent I fix Rs. 20/ - per month as maintenance to the appellant for herself and for the child with her, from the date of application and Rs. 250/ - as litigation expenses.