Karamjit Kaur vs Paramjit Kaur

S.P. Goyal, J.—In the matrimonial cause, the petitioner moved an application u/s 24 of the Hindu Marriage Act for grant of ad interim maintenance at the rate of Rs. 1,000/ - per month and Rs. 1100/ - as litigation expenses alleging that the respondent, who was a tailor master was earning Rs. 2,500/ - per month. The respondent, in the reply, stated that he was only earning Rs. 300/ - to Rs. 350/ - per month by working on a shop as a tailor master.

The trial Court, without recording any finding as to the income of the respondent, allowed Rs. 75/ - per month as pendente lite maintenance and Rs. 150/ - as litigation expenses. The order on the face of it is absurd. Even as unskilled labourer earns more than Rs. 20/ - per day. A tailor master is not expected to earn less than Rs. 1,000/ - per month. In any case, the wife, who has also to support a child, has to be given maintenance allowance which can sustain them reasonable. The amount of Rs. 150/ - allowed as litigation expenses is also too meager. The impugned order is, therefore, revised and the wife allowed Rs. 300/ - per month as maintenance pendente lite. Rs. 100/ - for the child and Rs. 200/ - for her, and Rs. 800/ - as litigation expenses. The maintenance shall be payable from the date of the application in the trial court at the above rate.