LAWS(MPH)-1988-12-26

PREM SHANKER Vs. RATNESH BAI

Decided On December 13, 1988
PREM SHANKER Appellant
V/S
RATNESH BAI Respondents

JUDGEMENT

(1.) This revision-petition has been filed against the order, dated 24-2-1987, passed by the District Judge, Narsingpur, in Civil Suit No. 38-A of 1986. The respondent (herein) filed a suit for divorce in the Court of the District Judge, Narsingpur. She also filed application under Sec. 24 of the Hindu Marriage Act for grant of maintenance pendente lite and expenses for the litigation. Both the parties submitted affidavits. The affidavit of the petitioner {respondent herein) was to the effect that the respondent (petitioner herein) had sufficient agricultural property and was also running a Kirana shop. These allegations were not specifically denied by the respondent (petitioner herein). His contention was that he had no income and was dependent on his father and brother. The Trial Judge allowed maintenance at the rate of Rs. 150.00 per month and litigation expenses Rs. 500.00. Being aggrieved by the said order this revision petition has been preferred.

(2.) I do not see any infirmity in the order since the allegations in the affidavit of the wife were not specifically denied. Maintenance could be awarded on the basis of the allegations made by her.

(3.) The revision-petition is without any substance which is hereby dismissed with costs. Counsel's Fee Rs. 100.00, if certified.