LAWS(RAJ)-1995-8-38

VINOD KUMAR Vs. KAUSHALYA

Decided On August 30, 1995
VINOD KUMAR Appellant
V/S
KAUSHALYA Respondents

JUDGEMENT

(1.) THE instant revision is filed against the order dated 10.4.1995 passed by learned District Judge, Pratapgarh in Civil Misc. Case No. 16/94 by means of which he allowed the interim maintenance Under Section 24 of the Hindu Marriage Act, 1955 @ Rs. 250/ - per month pending litigation from 3.9.1993 and also allowed Rs. 1000/ -to Smt. Kaushalya to meet the expenses of the suit filed by the revisionist seeking divorce against her.

(2.) LEARNED Counsel for the revisionist wanted to place certain affidavits filed in support of aforesaid application moved Under Section 24 of the Hindu Marriage Act, 1955 by Smt. Kaushalya with a view to reappraise those evidence in a revision.

(3.) IN the case of Kishna (supra) the learned Single Judge was of the opinion that the Trial Court without coming to a finding as to what was monthly income of husband simply observed that from the submissions made before the Court it prima facie appears that husband is well to do person having 13 bighas of agricultural land and four shops which were on rent, therefore, he must be earning Rs. 700 -800 per month. In that case it was held that the aforesaid finding about income of husband will not be considered to be a proper finding and it was held to be perverse and order for maintenance pendente lite was set aside.