D.S.Tewatia, J. - (1.) The respondent-wife through Civil Misc. No. 597/C-II of 1974 has claimed Rs. 380.00 as litigation expenses and Rs. 100.00 per month as alimony pendente lite. It has been alleged in tie petition that the income of the appellant is Rs. 1,000.00 per month, while she herself had no income or any means to supply her needs.
(2.) In the affidavit filed on be ball of the appellant-husband to the allegations in the application, it has been mentioned that the applicant-wife had already been granted Rs. 45.00 per month as the alimony by Civil Judge, Roorkee at Saharanpur, vide his order dated 10-4-1974 and since she cannot claim alimony twice over, the present application for the same is clearly untenable - It was further denied that the appellant had sufficient I means or was in possession of monthly income of Rs. 1,000.00. Regarding the applicant-wife, it was asserted that she was earning about Rs. 200.00 per-month by sewing clothes.
(3.) Since, admittedly, the applicant-wife is already getting Rs. 45.00 per month as alimony, so her application in that regard is clearly untenable and, therefore, her prayer for that is declined.;