MANOJ KUMAR THAKUR Vs. SHIBANI DEVI

JUDGEMENT

(1.) In a matrimonial suit for decree of divorce the Court below has passed an interim order directing payment of maintenance pendente lite at the rate of Rs. 300/- per month and also expenses of the proceeding quantified at Rs. 4000/- under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). The husband has come to this Court in revision.

(2.) Before I proceed to dispose of the case on merits, I may mention that earlier, pursuant to the orders of this Courts both the parties appeared in person before me along with their respective fathers in order to enable the Court to make endeavour for amicable settlement between them. During course of the Session, which was held in camera, in my Chambers, learned Counsel for the parties also were present. However, on account of recalcitrant attitude of the husband and his father the endeavour to bring about settlement between the parties was given up and this case was posted for hearing on merits.

(3.) Mr. Tarakant Jha, appearing on behalf of the petitioner, has assiduously submitted that in the absence of any finding in the impugned order, as also the necessary evidence, with respect to the income of the husband, the impugned order directing payment of maintenance pendente lite and the expenses of the proceeding cannot be sustained. Section 24 of the Act reads as follows :