RAMESH PATNI Vs. HANSA
LAWS(RAJ)-1981-8-12
HIGH COURT OF RAJASTHAN
Decided on August 03,1981

Ramesh Patni Appellant
VERSUS
HANSA Respondents

JUDGEMENT

M.B.SHARMA, J. - (1.) THIS a revision filed by the husband against the order of the learned District Judge, Pali, under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') awarding a sum of Rs. 270/ - p.m. as pendente lite maintenance and Rs. 800/ - as expenses of proceedings.
(2.) NOTICE of this revision petition was given to the non -petitioner and Mr. M.L. Kala has put in appearance on behalf of the petitioner. Looking to the controversy involved, both the learned advocate -agree that this revision petition may be disposed finally at this stage. This petitioner filed an application under Section 13 of the Act for dissolution of his marriage with non -petitioner by a decree of divorce. In that application, an application under Section 24 of the Act was filed for pendente lite maintenance and the expenses of the proceedings. Affidavits were filed and the learned District Judge, Pali, holding that the net monthly income of the petitioner is Rs. 535/ - per month and awarded a sum of Rs. 270/ - per month as pendente lite maintenance and Rs. 800/ - as expenses of proceedings. 3. After having gone through the record of the case, and having heard the learned Counsel for the parties, I am of the opinion that tie amount awarded by way of maintenance as well as expenses of proceedings is excessive. There is no dispute between the parties that so far as the non -petitioner is concerned, she has no independent source of income to maintain herself or to pay the expenses of proceedings. Taking the finding of the learned District Judge that the net monthly income of the petitioner is Rs. 535/ - per month, I am of the opinion that a sum of Rs. 125/ -per month as pendente lite maintenance from the date of the application as well as a sum of Rs. 550/ - as expenses of litigation will be sufficient.
(3.) IN the result, I allow the revision petition and modify the order of the learned District to the extent that the non -petitioner shall get Rs. 125/ -per month as maintenance under Section 24 of the Act from the date of her application and shall further get a sum of Rs. 550/ - as expanses of proceeding. It is hereby directed that the petitioner shall pay the arrears within two months and shall continue paying monthly maintenance by the 15th of subsequent month to the non -petitioner against receipt.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.