DHARAMICHAND Vs. SOBHA DEVI

JUDGEMENT

(1.) ORDER :- Dharmichand husband, who has petitioned for the divorce of his wife Smt. Sobha has come in revision against the order of the District Judge, Pali dated April 24, 1986 whereby the said Judge has awarded to the wife alimony pendente lite the petition for divorce at Rs. 300/- per month from January 8, 1986.

(2.) Husband's case is that he is employed as a Munim with M/s Birdhi Chand Champalal and he is getting only a salary of Rs. 400/- per month and the amount of alimony pendente lite awarded by the District Judge is not only high but has been arbitrarily fixed. With regard to the expenses of litigation, it has been contended that the wife has already been paid a total amount of Rs. 1350/- for that and no further direction for awarding of more amount is warranted.

(3.) Wife's contention, on the other hand, is that father of Dharmichand carried on Kirana business under the name and style of M/s. Anand Vastu Bhandar and the husband admittedly is joint with his father and, therefore, the income derived from the Kirana business should also betaken into consideration while determining the income of the husband and his paying capacity. As for award of mere litigation expenses, her contention is that the petition for divorce has been filed in the court of District Judge, Pali while the wife is living with her parents at Hyderabad in Andhra Pradesh and she has to come again and again to Pali to defend the divorce petition.