ALPANA KUMARI Vs. UJJWL KUMAR DUTTA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner has filed this Revision application against the order dated 29.11.2006 passed by Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 8/2006 by which the petition filed by the petitioner for maintenance pendente lite of Rs. 10,000/- per month and litigation cost of Rs. 7,000/- has been rejected. The aforesaid Matrimonial Case was filed by the petitioner on the ground of claiming dissolution of marriage with the Opposite Party on the ground of cruelty. After the Opposite Party had appeared on 2.6.2006, the petitioner filed an application under Section 24 of the Hindu Marriage Act for maintenance pendente lite and litigation cost which has been rejected. In the said application, the petitioner had claimed that the Opposite Party was earning from Stationery shop with S.T.D Booth at Mohalla Shastrinagar, Bandarjori, Dumka and besides that also owns a house and agricultural land of his family at Dumka and also works as an agent of Sahara India and his total income from the aforesaid works is stated to be Rs. 25,000/- besides agricultural land. On the basis of the same, the amount of Rs. 10,000/- was claimed as maintenance pendente lite for the purposes of the petitioner and her minor son.

(3.) Rejoinder was filed on behalf of the Opposite Parties in which it was claimed that the petitioner was never driven out from the place of her husband and she is residing with her parents at her will and she also asked her husband to reside with her at Bhagalpur by leaving his old mother and handicapped brother at Dumka. It was further stated that the petitioner has a small S.T.D. Booth and his income is hardly Rs. 800/- per month from which he has to maintain himself, his old and diseased mother and handicapped brother and also his wife when she was living there before a few day of 14.12.2003. It was further alleged in the said application that the petitioner was earning a good source of income from the Beauty Parlour shop running at Laluchak, Bhagalpur and her income was about Rs. 2,000/- per month. The fact of owning stationery shop and having agricultural land was denied. It is stated that the petitioner was earning hardly Rs. 800/- per month.