RATAN SINGH Vs. GAYATRI KANWAR

JUDGEMENT

(1.) HEARD learned Counsel for the appellant at length.

(2.) THE appellant -husband has come up in appeal challenging the award of maintenance and so also the litigation expenses to the wife, passed by the learned Judge, Family Court, Ajmer. Vide his impugned order dated 11th June, 2001 the Family Court has recorded a positive finding against the appellant by observing that on taking over all view of the matter and also of the status of the husband it fixed an interim maintenance at the rate of Rs. 500/ - per month apart from award of litigation expenses of Rs. 1,100/ - and Rs. 200/ - to be paid on each date of hearing to the wife to enable her to meet the travel expenses from Beawar to Ajmer.

(3.) BE that as it may, under Section 24 of the Act there is no bar to the wife, who files the divorce petition before the Family Court to claim interim maintenance. What is required to be established is that if the wife has no independent source of income being dependent on the income of the husband for running the household and if the circumstances of the case are such that there is need to award maintenance to the wife, the Court may in appropriate circumstances, having regard to the petitioner's own income and other relevant factors to the case direct to award the interim maintenance during pendency of proceedings. Prima facie, we are of the view that at this stage since the requirements of Section 24 of the Act are fully established, it would not be proper for us to interfere with the findings recorded by the Family Court. The findings are well reasoned and not open to challenge.