MADHU SUDAN Vs. PUSHPA ALIASBHAWANA

JUDGEMENT

(1.) - This is a revision petition against the order dated 27. 10. 1986 passed by the learned District Judge, Sawai Madhopur, in Matrimonial Case No. 90/85, awarding interim maintenance allowance of Rs. 300/- per month and Rs. 1000/- as expenses of litigation under Section 24 of the Hindu Marriage Act (hereinafter called as the 'act' ).

(2.) AN application was filed by the petitioner husband against the non-petitioner wife for dissolution of marriage, which is pending in the court of District Judge Sawai Madhopur.

(3.) IT may be pointed out that for reaching the amount of monthly main- tenance to be awarded, the court should take into account the respondent's gross income for judging his standard of living, but while calculating the maintenance pendente lite, it is the disposable income which decides the quantum. The disposable income is not to be calculated after allowing the house hold expenses of the husband, his provident found or national saving certificates. While calculating the disposable income only those deductions should be allowed which are compulsory such as, income-tax. In the impugned order no such considerations have been made and even gross or disposable income has not been arrived at. When the order of maintenance pendente lite is not supported by reasons and does not discuss the pros and cones of rival versions of the parties relating to the quantum of income of husband, the order is liable to be set-aside.