BHANWAR LAL Vs. CHAMPA

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred Under Section 115, CPC by the petitioner -husband against the non -petitioner/wife Smt. Champa impugning order dated 12.4.1996 passed by the learned Addl. District Judge, Nimbahera in Civil Misc. Case No. 29/94 whereby the learned Trial Judge has ordered that the non -petitioner/wife be paid maintenance pendentelite at the rate of Rs. 450/ - per month with effect from 12.4.1996 and besides, a sum of Rs. 800/ - be also paid as costs of proceedings. The relationship between the parties is not a matter of dispute.

(2.) NON -petitioner has moved an application Under Section 13, Hindu Marriage Act, 1955 (for short 'the Act') seeking divorce in the Trial Court and, during the pendency of the petition, she also moved an application duly supported by an affidavit Under Section 24 of the Act thereby requesting for grant of interim maintenance besides costs of proceedings to be paid by the petitioner -husband. The non -petitioner/wife alleged that she was cruelly treated and was deserted forcing her to live with her parents and she had no means to sustain herself, whereas the petitioner -husband was a man of means having an income of on and average of Rs. 50,000/ - per annum whereas the non -petitioner did not have any means to support herself.

(3.) AS regard the facts giving rise to the present petition, there is no dispute. It is undisputed fact that the parties are husband and wife who had undergone a legal marriage according to the provisions of the Hindu Marriage Act. Presently, non -petitioner is deserted and is forced to live with her parents. She maintains that she is without any means to maintain herself while on the other hand, the petitioner is a man of means and is in a position to maintain her and accordingly, she moved application for grant of maintenance pendente lite.