DIGVIJAY SINGH Vs. MANJU SHARMA

JUDGEMENT

(1.) This application under Section 24 of the Hindu Marriage Act has been filed by the respondent -wife for grant of maintenance pendente lite and litigation expenses.

(2.) The allegations made in the application are that the appellant -husband is employed as a Physical Education Teacher in Government Middle School, Disha and is getting salary of more than Rs.10,000/ - per month and the father of the appellant is also employed as Block Primary Education Officer and they are having agriculture land in the village. The husband is alleged to be living in a joint family with his father and his brother is running a shop at Kandaghat. It is also alleged that the appellant is earning huge income from his property by selling tomatoes, peas and other vegetables. It has been stated by the respondent -wife that she is working as JBT and her salary is Rs.5,500/ - per month. As such, the respondent -wife has prayed that maintenance pendente lite and litigation expenses be awarded in her favour.

(3.) In reply, the appellant -husband, submitted that the salary of the respondent -wife has her own income. Mr. Parkash Thakur, learned counsel for the appellant -husband, submitted that the salary of the respondent -wife is Rs.5,738/ - per month, which fact has not been denied by the learned counsel for the respondent -wife. He submits that, therefore, the wife is possessed of sufficient independent means to look after herself and, as such her case does not fall under Section 24 of the Hindu Marriage Act. It is admitted that the appellant -husband is working as Physical Training Instructor. It is also admitted that his father is working as Block Primary Education Officer. It is stated that the land of the appellant -husband is joint with his family. It is denied that his brother is running a Computer Centre at Kandaghat. It is submitted that the brother of the appellant -husband is dependent on him. It is also submitted that the income from the land is very meagre and barely sufficient to meet the expenditure incurred on the agricultural purposes.