S.N.Modi, J. - (1.) The only question involved in this appeal is whether the pendente lite maintenance allowance and expenses of the proceedings allowed by the lower Court are excessive.
(2.) Briefly stated the facts of the case are that the marriage between the parties took place in the month of Magh, Samvat year 2023 at Suratgarh. On 11.3.70 the appellant moved an application under section 9 of the ,Hindu Marriage Act, 1955 against the respondent and five others in the 'Court of District Judge, Sri Ganganagar. The respondent appears before the court and filed an application under section 24 of the Hindu Marriage Act for grant of pendente lice maintenance and expenses of the proceedings, She claimed Rs. 400/- on account of expenses of the proceedings and Rs. 150/- per month as maintenance allowance. The lower Court awarded Rs. 100/- as expenses of the proceedings and Rs. 400/- per month as maintenance allowance during the pendency of the proceeding. It is against this order that the appellant husband has filed this appeal.
(3.) I have heard the learned counsel for the parties and gone through the record of the case. The appellant opposed the application and section 24 of the Hindu Marriage Act mainly on the ground that respondent has independent income of Rs. 250/- per month from sewing and knitting work. It is difficult to believe that the respondent could earn Rs. 250/- per month from sewing and knitting. It appears that respondent was a student at that time and was not in a position touch a huge amount from sewing and knitting work. Having regard to the circumstances of the case, especially the husband's income, I maintenance allowance of Rs. 40/- per month allowed by the court does not appear to be unjust or excessive. The expenses of proceedings viz., Rs. 100/- allowed by the lower court also do appear to be excessive. The Court below in my opinion exercised its discretion judiciously and there is no ground for interference with discretion.;