VINAY KUMAR Vs. PURNIMA DEVI

JUDGEMENT

(1.) THIS is a husband's appeal directed against an order of the learned District judge, Jhunihunu, dated 22-12-1971 awarding pendente lite maintenance to the respondent wife under Section 24 of the Hindu Marriage Act, hereinafter to be referred as the "act", during the trial of the application moved by the wife under section 10 of the Act for judicial separation.

(2.) RESPONDENT Smt. Purnima Devi had filed the application against the appellant-husband in the court of the learned District Judge under Section 10 of the Act. The respondent also filed the application under Section 24 of the Act on 26-7-1971. She averred in this application that she had no movable or immovable property and had no source of income. As regards the appellant's income she averred that his monthly income was Rs. 400/ -. Therefore, she prayed that an amount of Rs. 125/- per month be granted to her as pendente lite maintenance and Rs. 561/- be awarded as litigation expenses. The appellant-husband contested the application. He submitted that his own income was only Rs. 200/- per month and that the respondent wife had been earning rupees 4 to 5 daily on account of tailoring or sewing work.

(3.) THE learned District Judge held that the husband was earning Rupees 282/- per month. The husband had admitted that his pay was Rs. 307/- including dearness allowance and Rs. 25/-was P. F. deduction. Thus, he was left with the net income of Rs. 282/- per month. The learned Judge observed that 20% of this could be allowed to the respondent wife and in the circumstances he awarded Rs. 55/- to the wife both for maintenance as well as for the expenses of litigation.