KESHAV LAL GUPTA Vs. MAYA GUPTA

JUDGEMENT

(1.) The case is heard on admission. The revision is directed against the order dated 2-11-1988 passed by the trial Court whereby it has directed the applicant-husband to pay an amount of Rs. 300.00 per month as provisional maintenance to the non-applicant wife under Sec. 24 of the Hindu Marriage Act during the pendency of the suit for divorce instituted by the non-applicant-wife against the applicant-husband. It is contended in the revision that there was no proper enquiry made by the Trial Court in the matter and accordingly the impugned order in liable to be set aside.

(2.) Now, from the material on record there could be little doubt about the fact that the applicant-husband was having an income of about Rs. 2,000.00 per month from his typing work. It is no doubt true that the applicant husband has married for the second time and has a child from the said marriage and thus he has in all three months to feed. But, then, from whatever angle the matter is viewed, the award of provisional maintenance of Rs. 300.00 per month awarded by the trial Court to the non-applicant-wife could not be said to be excessive. If at all, it is on the low side.

(3.) One of the points raised by the applicant-husband on the matter was that the non-applicant wife was working as an advocate and had income of her own. But, then, as rightly found by the trial Court, the non-applicant-wife was a fresh entrant in the profession and there was no reason to disbelieve her that she had at present practically no income from the profession.