DHIRAJBEN PRABHUDAS PARMAR Vs. RAMESHCHANDRA SHAMBHULAL YADAV
HIGH COURT OF GUJARAT
DHIRAJBEN PRABHUDAS PARMAR
RAMESHCHANDRA SHAMBHULAL YADAV
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(1.) . This is a revision petition filed by the petitioner-wife who is dissatisfied by the order of the learned Fourth Extra Assistant Judge Baroda dated 27-8-1982 awarding her maintenance at the rate of Rs. 280.00per month instead of Rs. 500/ per month claimed and the amount of Rs. 800/ towards the costs or quantum of expenses instead of Rs. 1,500.00 .
(2.) . The opponent husband has filed a petition under the Hindu Marriage Act for restitution of Conjugal rights. After the summons was served the wife appeared and gave application Ex. 9 for interim main- tenance or alimony pendente lite wherein she made the claim referred to above. It was her contention that she has no independent income of hers while her husband was serving in I. P. C. L. as Medical Officer with a pay of Rs. 2 500 per month and that he was also doing private practice. This application was opposed by the opponent-husband by Ex. 14.
(3.) . After considering the relevant contentions the learned trial Judge came to the conclusion that the evidence shows that the income of the husband was Rs. 1,905.00 per month. But he considered that from this income of Rs. 1,900.00 Rs. 500.00 should be deducted for the parents and so Rs. 1,400.00 remained. So 1 of that income of the husband i.e. Rs. 280.00 per month would be available to the petitioner -wife as according to him ordinarily this standard is adopted by some of the High Courts of our country while deciding the quantum of maintenance.;
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