DINA NATH Vs. SOMA DEVI

JUDGEMENT

(1.) Heard.

(2.) The petitioner before this Court is the defendant. He is aggrieved by the order dated 1.1.2001 of the learned Sub Judge 1st Class, Sarkaghat whereby interim maintenance at the rate of Rs. 2,500 per month has been awarded in favour of the respondent -plaintiff.

(3.) The parties are married to each other. The plaintiff filed a suit under Section 18 of the Hindu Adoption and Maintenance Act, 1956, seeking maintenance at the rate of Rs. 6,000 per month from the defendant. While seeking the maintenance, it has been alleged that the defendant has contracted second marriage and has neglected to maintain the plaintiff. It has further been averred that the defendant is serving as Drawing Teacher and is getting Rs. 12,000 per month. Admittedly, the plaintiff is in receipt of maintenance at the rate of Rs. 300 per month under Section 125 of the Code of Criminal Procedure. It has also been averred that the plaintiff has to maintain her unmarried college going daughter and since there is no means of income it has become difficult for her to meet her expenses. In the said suit on an application having been made by the plaintiff, the learned Sub -Judge 1st Class, Sarkaghat has awarded interim maintenance to the plaintiff at the rate of Rs. 2,500 per month vide impugned order dated 1.1.2001.