Sardool Singh vs Smt. Paramjit Kaur

P.N. Nag, J.—This revision petition is directed against the order dated 11-12-1990 passed by Miss Rekha Sharma. Additional District Judge Delhi vide which the Respondent-wife has been granted pendente lite expenses at the rate of Rs. 600/- p.m. with effect from 5-3-1990 and litigation expenses amounting to Rs. 1,000/-.

Learned Counsel for the Petitioner states that the maintenance to the Respondent has already been granted of the rate of Rs. 200/- p.m. in proceedings u/s 125 of the Code of Criminal Procedure and at the rate of Rs. 600/- p.m. in proceedings of restitution of conjugal rights. He submits that the Petitioner has been asked to pay a sum of Rs. 1,400/- in all, which amount he is unable to pay as his income is only Rs. 1,200/- p.m.

After hearing learned Counsel for both the parties I am of the opinion that the income of the Petitioner husband is not Rs. 1,200/- as submitted by the learned Counsel for the Petitioner but is much more than Rs. 1,200/- p.m. but it cannot be assessed exactly at this stage. The learned District Judge has also come to the conclusion that the income of the Petitioner-husband is much more than Rs. 1,200/- having regard to all the facts and circumstances. I am in full agreement with the conclusion arrived at by the learned District Judge. Therefore, the grant of maintenance in present proceedings at the rate of Rs. 600/- p.m. is neither unreasonable nor excessive. However, talking into consideration the fact that the Respondent has been granted maintenance in other two proceedings aforementioned, in my opinion the rate of pendente lite maintenance requires slight modification and the ends of justice would be met in case the Petitioner is asked to pay a sum of Rs. 400/- p.m. with effect from 5-3-1990 instead of Rs. 600/- in addition to the litigation expenses as ordered by the learned Additional District Judge. Ordered accordingly.

The Petitioner shall pay the arrears of maintenance at the rate of Rs. 400/- p.m. in two equal instalments. The first instalment shall be paid on or before 18th April, 1991 and the second instalment shall be paid on or before 18th May, 1991.

Mr. Bhalla, under instructions from the Petitioner who is present in person in Court states to the Court that the amount shall be paid to the Respondent as ordered today and in case this amount is not paid, that would be at the pain of the contempt of Court.