CHARAN SINGH Vs. PISTA DEVI

JUDGEMENT

(1.) The present appeal has been filed by the appellant-non applicant under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the said Act"), challenging the order dated 14.01.2010 passed by the Additional District Judge Laxmangarh, District Alwar (hereinafter referred to as "the court below") in Case No.81/2009, whereby the court below allowed the application filed by the respondent-applicant seeking interim alimony under Section 24 of the said Act.

(2.) In the instant case, it appears that the appellant has filed the application under Section 13 of the said Act seeking divorce on the ground of the alleged adultery committed by the respondent, as also on the ground of desertion by her. In the said proceedings, the respondent had filed an application seeking interim alimony under Section 24 of the said Act. The court below while allowing the said application has directed the appellant to pay Rs.1,000/- by way of interim alimony for the respondent, and Rs.500/- per month for the child and also Rs.100/- for the attendance fees, vide the impugned order. Being aggrieved by the said order, the present appeal has been filed.

(3.) It has been sought to be submitted by the learned counsel Mr. Aatish Jain for the appellant that the appellant has no permanent source of income and is doing agricultural work, and therefore, the amount of interim alimony granted by the court below is on the higher side. However, the learned counsel Mr. Gajendra Singh Rathore for the respondent-applicant submitted that the amount awarded by the court below is just and proper, looking to the facts and circumstances of the case.