ARTATRANA PANIGRAHI Vs. SARINA PANIGRAHI

JUDGEMENT

(1.) This revision has been filed challenging the judgment and order dated 10.2.1997 passed by the learned Additional District Judge, Bhubaneswar, allowing the appeal.

(2.) The opposite party is the wife of the petitioner. The marriage between the parties took place on 6.12.85 and they lived together as husband and wife till 1990. A daughter was born to the parties in February, 1988. The petitions filed a suit under Section 13 of the Hindu Marriage Act ('the Act', for short) in the court of the learned Subordinate Judge, Sonepur, for a decree of divorce on the ground of insanity of the opposite party. The said suit was transferred to the court of the Civil Judge (Senior Divison), Bhubaneswar, by order of this Court and was registered as T.S.N. 277 of 1992-1. During pendency of the said suit an application was filed under Section 24 of the Act, which was numbered as Misc. Case No. 438 of 1993, by the opposite party claiming maintenance at the rate of Rs. 1,500/- per month for self and Rs. 500/- per month for the child as well as Rs. 5,000/- towards expenses of the proceeding. The said application was resisted by the petitioner and after hearing the parties, the learned Civil Judge (Senior Division) directed payment of maintenance at the rate of Rs. 600/- per month to the opposite party and Rs. 400/- per month to the minor child and also directed payment of Rs. 1,000/- towards litigation expenses.

(3.) The aforesaid order was challenged by the opposite party in appeal before the learned Additional District Judge, Bhubaneswar, and the lower appellate court allowed the appeal and directed the petitioner to pay maintenance @ Rs. 1,000/- per month to the opposite party and Rs. 400/- per month to the child, and also directed payment of Rs. 3,000/- to the opposite party towards expenses of the proceeding. The said order passed by the lower appellate court has been challenged in this revision.