SHUSHILA DEVI Vs. DHANI RAM

JUDGEMENT

(1.) This appeal is directed against an order of the learned Senior Subordinate Judge, Bilaspur, awarding maintenance pendente lite and expenses of proceedings, to the appellant.

(2.) The appellant had filed a petition, under Section 10 of the Hindu Marriage Act, (hereinafter referred to as the Act), for judicial separation, from respondent No. 1, her husband. She had, also, moved an application, under Section 24 of the Act, for the grant of maintenance pendente lite, and expenses of the proceedings. It was alleged, in the application, that the appellant was poor and had no independent income to support herself and for the necessary expenses of the proceedings and that respondent No. 1 was a rich man and his monthly income was Rs. 500/- The appellant had prayed that she be granted maintenance of Rs. 100/- per mensem, pendente lite, and a sum of Rs. 500/-, as expenses of the proceedings.

(3.) The application was opposed, on behalf of respondent No. 1. It was denied that the appellant was poor and had no independent income for her support. It was alleged that the appellant was managing the entire property of her father, which consisted of considerable lands etc., and that, in lieu of her services, she was being looked after, by him. Respondent No. 1 denied that his monthly income was Rs. 500/-. He pleaded that he was employed as a compositor, in the Government Printing Press, Simla, and his monthly emoluments were Rs. 175.50 nP. He, further, pleaded that he had to maintain his aged mother, his second wife and four children, and that nothing could be saved out of his meagre emoluments and that he was unable to pay anything to the appellant as maintenance and as expenses of the proceedings.