LAWS(MPH)-1995-12-61

SURENDRA ELVIN ALI Vs. MAUREEN ALI

Decided On December 22, 1995
SURENDRA ELVIN ALI Appellant
V/S
MAUREEN ALI Respondents

JUDGEMENT

(1.) THE wife in her petition under Section 10 of the Indian Divorce Act filed an application for gant of ad-interim maintenance on the grounds that she herself was earning about Rs. 2000/- and was also earning something from private tuitions, she was to maintain herself and two children residing with her; the husband was earning Rs. 5000/- or more, and therefore, the maintenance and litigation expenses be awarded to the wife.

(2.) THE husband in the petition contested and submitted that the wife was earning more than Rs. 3000/-and was also earning from tuitions, the wife just two months before the date of her evidence took away the child from school only to create evidence in her favour that they are living with her.

(3.) LEARNED Trial Court, after hearing the parties and considering the evidence came to the conclusion that the salary of the husband was Rs. 6000/-, wife was earning about Rs. 3700/- per month, the wife was also looking after and maintaining two children of the wedlock. The Trial Court ordered the husband to pay Rs. 500/- as interim maintenance. Being aggrieved by this order the appellant/ husband has preferred this appeal.