BALBIR SINGH Vs. SWARAN KANTA

JUDGEMENT

(1.) Against an order of the learned District Judge, Alwar ordering a permanent alimony at Rs. 85/-p.m. under Section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) while dismissing the application of the appellant moved under Section 13 of the Act, an appeal has been preferred in this Court. In this appeal, two applications under Sections 24 and 26 of the Act were filed. These applications are to be disposed of.

(2.) The respondent, who is the wife of the appellant, has claimed Rs. 770/- as Advocate's fee and Rs. 200/- towards the expenses of the appeal. Thus, in all, she has claimed Rs. 970/-. The case of the respondent is, that she has no independent income of her own to meet the expenses of the proceedings, and the appellant is an Upper Division Clerk with the Food Corporation of India and getting not less than Rs. 800/- p.m. He has none to support except the respondent whom he has neglected to support. In reply to this application, the appellant has come out with a case that his income is only Rs. 489/- per month, and the respondent is a trained nurse and she is running a private clinic in the village and earning Rs. 500/- p.m. Both the parties have in support of their case relating to the income have filed affidavits. In the application under Section 26 of the Act, the respondent has claimed pendente lite maintenance for her minor daughter,

(3.) It is not disputed that an application under Section 11 of the Act has been filed by the appellant in the Court, of learned District Judge, Alwar, which is pending. It is also not disputed that in those proceedings an order has been made under Section 24 of the Act directing the appellant to pay Rs. 120/- p.m. as pendente lite maintenance. Therefore, if the respondent so chooses, she can file an application under Section 26 of the Act in those proceedings in the trial Court for grant of maintenance to the minor daughter.