ASHOK KUMAR Vs. SANTOSH KUMARI

JUDGEMENT

(1.) This revision is directed against the order dated 22.5.1999 passed by the learned Additional District Judge, Gurgaon. Vide impugned order, the learned Judge allowed an application filed by the wife under Section 24 of the Hindu Marriage Act (hereinafter referred to as the Act), while granting maintenance pendente lite at the rate of Rs. 1,000 / - per month and litigation expenses of Rs. 5,500/-.

(2.) The learned Counsel appearing for the petitioner herein contended that the impugned order suffers from an error of jurisdiction, as it is based on misreading of the application under Section 24 of the Act and reply filed thereto. He further contended that there was no material before the Court to determine any income of the petitioner and as such no amount of maintenance, much less amount of Rs. 1,000/- per month, could be fixed.

(3.) At the outset, it must be noticed that the factum of marriage and relationship between the parties that of husband and wife is not disputed. The husband has an obligation to maintain his wife. This obligation is sought to be void on the ground that the wife was earning sufficiently by doing stitching and embroidery work, though no material in that regard has been placed on record except a bald allegation.