MADAN SINGH Vs. ASHA DEVI

JUDGEMENT

(1.) - Aggrieved by learned additional District Judge (Matrimonial Cases)Jammu's order dated 31-10-2001, awarding an amount of Rs. 1200/-as maintenance per month to respondent No. 1 and her two minor daughters and an amount of Rs. 4000/- by way of litigation expenses in a pending petition under Section 13 of the jammu and Kashmir Hindu Marriage Act, the appellant (husband) has filed this appeal.

(2.) LEARNED counsel appearing for the appellant, when confronted with the provisions of the Jammu and Kashmir Hindu marriage Act, 1980, which do not provide remedy of appeal against an order passed under Section 30 of the Act, requested for treating the appeal as revision against the order of learned Additional District Judge (Matrimonial Cases) Jammu. Accepting the request this appeal is treated as a revision petition. Registry shall accordingly allot requisite registration number to this revision petition.

(3.) MR. B. B. Kotwal, Advocate, appearing for the petitioner submits that the learned additional District Judge (Matrimonial cases) Jammu has committed a jurisdictional error in awarding maintenance to the minor daughters because Section 30 of the jammu and Kashmir Hindu Marriage Act does not contemplate order for maintenance pendente lite in favour of the children. He refers to Puran Chand v. Mst. Kamla Devi, reported as AIR 1981 J and K 5 to support his submission. Additionally learned counsel submits that the maintenance awarded to the respondents is excessive.