PREM KUMARI Vs. OM PARKASH

JUDGEMENT

(1.) This revision is directed against the order dated 21st May, 1999, vide which the learned Judge allowed the application for grant of maintenance pendente lite at the rate of Rs. 500/- per month for the wife, Rs. 300/- per month for the child and litigation expenses to the extent of Rupees 3,000/-.

(2.) The grievance of the wife primarily is that keeping in view the income and financial status of the husband-respondent, the amount of interim maintenance fixed is wholly inadequate. The wife had filed the petition under Section 9 of the Hindu Marriage Act praying for a decree of restitution of conjugal rights. She contended that she was married to Shri Om Parkash according to Hindu rites and ceremonies. From this marriage, a minor child was born. However, because of cruelty inflicted upon her by the respondent, she was compelled to leave her matrimonial home and was staying with her parents. She claims to have no other sources of income and is totally dependent upon her parent even in bringing up her minor child. Despite this, she wanted to settle her matrimonial home and, as such, filed the above petition, which is being contesting by the respondent-husband.

(3.) The wife filed an application for grant of interim maintenance before the learned Additional District Judge, Gurgaon, which again was contested by the respondent but was allowed, afore-noticed, by order dated 21st May, 1999, now impugned in this revision.