SHOBHA Vs. DHARMI CHAND

JUDGEMENT

(1.) These two revisions arise out of the same order of the learned District Judge, Pali, dated 11-7-1984 by which he has awarded a monthly sum of Rs. 150.00 by way of maintenance to Smt. Shobha under Sec. 24 of the Hindu Marriage Act (hereinafter called the Act). Both the parties are aggrieved of this order. Revision No. 312/84 has been filed by Smt. Shobha challenging this order on the ground that the meagre amount of Rs. 150.00 has been fixed without affording an opportunity to the petitioner Smt. Shobba to cross-examine the non-petitioner Shri Dharmi Chand on the affidavit filed by him. She prays that this order may be quashed and appropriate order in favour of the petitioner may be passed allowing her application under section 24 of the Act in full. On the other hand, revision No. 425/84 has been filed by Shri Dharmi Chand alleging that the court has fixed an excessive amount of monthly maintenance inasmuch as the petitioner Dharmi Chand in this case gets only Rs. 400.00 p.m, as salary from a private shop where he works. He prays that the maintenance may be reduced to Rs. 70.00 P.M. Challenge has also been thrown on the amount of Rs. 300.00 by way of expenses awarded by the trial court.

(2.) I have heard the learned counsel for the parties and have gone through the record.

(3.) The application for divorce had been filed by Shri Dharmi Chand against his wife Smt. Shobha on the ground of adultery, on 16-8-1982, Smt. Shobha was served by substituted service and appeared before the court on 17-2-83 through a counsel. On 7-3-83 the counsel for Smt. Shobha was supplied with the copy of the petition and on that day, she also moved an application for grant of expenses to contest the application. On 12-9-83, an application under Sec. 24 of the Act was filed by Smt. Shobha and a reply to this was filed by the petitioner Dharmi Chand on 27-1-84. Both the parties filed their affidavits in support of their application and reply under Sec. 24 of the Act. An application was also filed on behalf of Smt. Shobha praying that she may be allowed to file the written statement only after the application for grant of expenses etc was disposed of. On 18-5-84 an application was moved on behalf of Smt. Shobha under Order 19 Rule 2 Code of Civil Procedure praying for grant of permission to cross-examine Shri Dharmi Chand on the affidavit filed by him in support of the reply to the application under Sec. 24 of the Act. These matters came up for hearing before the learned District Judge on 11-7-84 and by his order on that day, he opined that it was not proper for the defendant to wait for the disposal of the application under Sec. 24 of the Act before filing her reply to the main application. So far as the application under Order 19 Rule 2 Code of Civil Procedure was concerned, the learned District Judge rejected the same, holding that the courts should not encourage cross- examination on the affidavits in miscellaneous matters and he was further of the opinion that Smt. Shobha was trying to delay the proceedings by making one application or the other from time to time and, therefore, the application under Order 19 Rule 2 Code of Civil Procedure did not appear to him to be bona fide. On the merits of the application under Sec. 24, he was of the opinion that the income of the father of the applicant Dharmi Chand was not relevant and looking to all the circumstances of the case, he thought a sum of Rs. 150.00 by way of monthly allowance was reasonable to be awarded to Smt. Shohha from the date of the application i.e. 12-9.83 and he also awarded a sum of Rs. 300.00 by way of expenses to her.