SARVO DEVI Vs. LASHKARI

JUDGEMENT

(1.) Shri Lashkari (hereinafter referred to as the husband) filed a petition under section 13 of the Hindu Marriage Act (referred to as the Act) for a decree of divorce against his wife Shrimati Sarvo Devi (referred to as the wife). It was alleged that the wife was leading an adulterous life. The trial court accepted the averments made by the husband and passed a decree of divorce. The wife has filed an appeal. She has also filed the present application under section 24 of the Act claiming maintenance pendente lite and expenses of proceeding. It is averred that she has no independent income sufficient to support herself and for the necessary expenses of proceeding. It is stated that she was granted Rs. 170/ -per month under section 125 of the Code of Criminal procedure by the Judicial Magistrate, Sarkaghat, for her and her childrens maintenance. The husband is stated to be working as Meter Reader /Clerk in the Electrical Sub -Division, Sarkaghat, drawing a salary of about Rs. 700/ - -per month. A sum of Rs. 1000/ - is claimed for expenses of proceeding and Rs. 300/ - as maintenance pendente lite.

(2.) The husband has filed a reply to this application. He has not cared to day anything about his income. He has only stated that the amount of maintenance granted by the Judicial Magistrate is sufficient for the maintenance as well as expenses of proceeding. It is also contended that the present application is not maintainable. Another application, CMP No.17 of 1983, has been made by the husband under section 151 of the Code of Civil Procedure. It is in this application that the husband has raised a contention that the wife having been proved to be unchaste and leading an adulterous life has forfeited her claim for maintenance pendente lite. It is averred that the husband has to feed and maintain his aged parents out of Rs - 694/ - which he receives as his monthly pay. In reply to this application the wife has averred that the father of the husband owns about 25 bighas of land, half of Which is irrigated and paddy producing. It is also averred that the younger brother of the husband is also employed in the State Electricity Board and is living with the parents.

(3.) Mr. Manohar Lal Sharma, learned counsel for the husband, vehmently contends that the wife should not be granted any amount under section 24 of the Act since he has been held to be unchaste. At this stage section 24 of the Act may be read with advantage: "24. Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to the be reasonable. " It is obvious that the question whether the wife is chaste or not has no relevance to the question of the grant of maintenance. This provision seems to have been made to ensure that a spouse who has no independent income sufficient for the maintenance and for expenses of proceeding has a right to claim the same from the opposing spouse if the latter has sufficient income. The purpose is to insure that not only the applicant is able to maintain himself/ herself but also to meet the expenses of the proceeding. The expenses of the proceeding will, of course, include engaging a reasonably competent lawyer. For the purpose of proceeding in an appellate court the expense, will usually be the counsels fee, the court -fee required to be paid on various applications, and other sundry expenses.