NAPINDER SINGH Vs. PARDEEP KAUR AND ANOTHER

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 25.1.2003 whereby learned Additional District Judge, Ludhiana directed the petitioner husband to pay Rs. 7,000.00 as litigation expenses and Rs. 2,500.00 per month as maintenance pendente lite to the wife on an application moved under Sec. 24 of the Hindu Marriage Act, 1955.

(2.) The petitioner was married to the respondent-wife on 30.11.1988. Two sons namely Amanjyot and Navjot were born from this wedlock. The petitioner is working as a foreman in Swadesh Auto Parts Factory, Ludhiana and has long hours at work. It is his allegation that respondent-wife developed illicit relationship with one Jagdev Singh as a result of which the divorce petition was filed.

(3.) Challenging the award of the amount of maintenance the petitioner contends that he draws a salary of Rs. 7,000.00 per month out of which his carry home salary is Rs. 6,160.00. From out of this he has to maintain his two sons who are residing with him and are studying in Class VII and Class III respectively. He also has old parents aged 65 years and 61 years respectively. The petitioner therefore submits that he is barely able to make his ends meet from out of his meagre salary and the amount of maintenance awarded by the learned Additional District Judge is excessive. It is further contended that the learned Additional District Judge has awarded the maintenance after taking his total income to be around Rs. 10,000.00 per month. The petitioner states that there is no basis to arrive at this figure of his monthly income to be Rs. 10,000.00 per month in the face of a categoric certificate granted by his employer that his total carry home salary is Rs. 6,160.00 per month. It is further contended that since there are serious allegation of illicit relationship against the wife she is not entitled to maintenance under Sec. 24 of the Hindu Marriage Act, 1955.