INDU SINGH Vs. RANJEET SINGH

JUDGEMENT

(1.) The petitioner opposite party has challenged the order dated 17th September, 1994, passed by the learned Principal Judge, Family Court in Matrimonial Case No. 75/93, rejecting the prayer of the petitioner (the wife), relating toad-interim maintenance claimed under Section 24 of the Hindu Marriage Act.

(2.) The opposite party (the husband) is the petitioner in Matrimonial Case No. 75/93 filed against the petitioner (the wife) for dissolution of marriage under Section 13 of Hindu Marriage Act.

(3.) Admittedly, there are four female children born out of wedlock; the eldest being about 21 years of age and the youngest 5years of age. The petitioner opposite party (the wife) filed a petition under Section 24 of Hindu Marriage Act, praying therein interim maintenance @Rs, 2,500/-per month and a sum of Rs.5,000/-as a lumpsum amount as cost of litigation, as according to the petitioner (the wife), the income of the opposite party (the husband) is more than Rs. 10,000/- per month, the husband being Senior Professor in the Magadh University. The Court below has rejected the claim of the petitioner (the wife) relating to ad-interim maintenance under Section 24 of the Hindu Marriage Act, by the impugned order dated 17th September, 1994, on the ground that the petitioner (the wife) cannot be deemed to be an indigent person to enable her to get interim maintenance. While rejecting such prayer for interim maintenance, the Court below by the impugned order has allowed the other prayer of the petitioner (the wife) by allowing a sum of Rs. 4,000/- as lump-sum amount towards the cost of litigation, to be paid in favour of the petitioner (the wife) by the husband.