S.P. Goyal, J. - (1.) Petitioner-wife during the of the proceedings under section 10 of the Hindu Marriage Act instituted her filed an application under section 24 for pendente lite maintenance and litigation expenses. In the reply filed by the respondent, he admitted that he owned a little less than 5 acres of land. The parties were at variance regarding the income from this land. Whereas according to the Petitioner, the income was Rs. 6,000.00 per annum but according to the respondent it was Rs. 1,500.00 per year. The learned District Judge without recording any finding regarding the income of the respondent allowed Rs. 30.00 per month as the maintenance. This being an arbitrary assessment of the maintenance allowance, the wife has filed this revision petition.
(2.) There is no material on the record to assess the income of the respondent. However, it is a matter of common knowledge that five acres of land would yield about Rs. 4,000.00 a year. Otherwise also, it is not possible for anybody to maintain himself with Rs. 30.00 per month. The minimum a person would require to make both ends meet would be not less than Rs. 90.00 per month. The petition is consequently allowed with costs and the impugned order modified to the extent that the petitioner shall be entitled to maintenance allowance at the rate of Rs. 90 per month from the date of the application. Petition allowed.;