BHALU NAIK Vs. HEMO NAIKANI

JUDGEMENT

(1.) THIS is an appeal preferred by the husband against an order of pendente lite maintenance passed by the Court in a proceeding for restitution of conjugal rights initiated by the wife. The said proceeding for restitution of conjugal rights has been numbered as O. S. No. 1 of 1967 in the court of the Subordinate Judge, berhampur. The husband likewise has started a proceeding under Section 13 of the Hindu Marriage Act, 1955, in the said court which has been numbered as O. S. No. 16 of 1967. There is nothing on record to indicate whether the divorce proceeding or the restitution proceeding is earlier in point of time, but that is not material for the purposes of this case.

(2.) THE wife-respondent filed an application under section 24 for interim maintenance and expenses on 15-2-67. The husband-appellant has filed a counter in which he questions the maintainability of the petition on the ground that the rule 13 of the Rules framed by the High Court of Orissa under section 21 of the hindu Marriage Act, 1955, has not been complied with and denies the truth of other averments therein for interim maintenance and calls upon the petitioner to give strict proof of the same. That apart, it was further alleged that the wife was never passing her days in poverty, distress and want which have a relevant bearing on the question of quantum of maintenance. Her claim was further resisted on the additional ground that she was leading a loose life thereby disentitling her to any maintenance whatsoever.

(3.) THE learned Subordinate Judge by his order dated 5-10-67 held that the wife-applicant was entitled to interim maintenance which he assessed at Rupees 30/per month, and also awarded a consolidated sum of Rs. 100/- towards litigation expenses of the present proceeding for restitution of conjugal rights. The fixation of the quantum of maintenance and the litigation expenses was completely subjective as no evidence was adduced by the applicant in proof of her claim of rs. 60/- per month of maintenance and Rs. 350/- for litigation expenses, as contained in her application.