CHANDRANI SINHA Vs. KAUSIK SINHA

JUDGEMENT

(1.) We are considering the appellant-petitioner's application under S.24 of the Hindu Marriage Act, which has been filed by the appellant-petitioner in this appeal against the judgment and decree dated 13th. January,2000, passed by the learned Principal Judge, Family Courts at Dhanbad, in Title (matrimonial) Suit No.169/1999 relating to the granting of a decree for restoration of conjugal rights. In the application for maintenance pendente lite, the appellant-petitioner has prayed for grant of maintenance @ Rs.6000/- per month with effect from 30th. November,1999, on the ground that the petitioner is not able to support hereself and her minor daughter, whereas the respondent-husband is earning so much income which is sufficient to maintain himself and at the same time provide for maintenance allowance at the aforesaid rate to the appellant-petitioner and her minor daughter aged 31/2 years.

(2.) We have heard the learned counsel appearing for the parties and have gone through the contents of the application as well as reply thereto filed by the respondent.

(3.) Mr. S. K. Laik, learned counsel appearing for the respondent, submits that the respondent is not in a position to pay monthly alimony at any rate more than Rs.1500/- per month, looking to the income of the respondent. Our attention has been drawn to paragraph 21 of the reply-affidavit filed by the respondent, wherein the respondent has averred that he earns Rupees 500/- per month towards his salary and a nominal amount he is getting his share of profit. When we compare Mr. Laik's statement with the specific statements made in paragraph 21 of the reply, we find that the respondent has been either inconsistent or untruthful about the extent of his monthly income. The fact remains, however, that the appellant-petitioner has no source of income and for her, the only means of dependence would the alimony to be provided to her by the respondent.