Karamjit Kaur vs Paramjit Singh

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. 1,100/- 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 then 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 reasonably. The amount of Rs. 150/- allowed as litigation expenses it also too meagre. 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.