Usha Sethi vs Dr. Vinod Sethi and Another

N.C. Jain, J.—This Civil Revision has been filed against the order of the District Judge, Chandigarh dated 5-8-1989, by which maintenance allowance to the revision-petitioner has been fixed at Rs. 250/- p.m. The petitioner has been allowed Rs. 1,000/- to meet litigation expenses. The respondent-husband is a practising doctor. He filed a petition u/s 12 of the Hindu Marriage Act, 1955 (the Act in short) for the grant of decree of nullity of marriage and for declaring the marriage voidable or in the alternative for the grant of a decree of divorce u/s 13 of the Act. Pending the main petition, an application u/s 24 of the Act for the grant of maintenance pendente lite has been filed. It has been found as a fact in the impugned order that the respondent in the year 1988-89 had a net income of Rs. 9,295/- as has been assessed by the Income Tax Authorities, after allowing deductions. It has been further found as a fact that no documentary evidence has been produced on the record of the case by the petitioner to show that the respondent owns immovable property from which he was getting monthly rental income of Rs. 50.000/-. Since the petitioner has failed to prove by any cogent evidence the allegations made in the application u/s 24 of the Act, no interference is called for. However, in view of the high cost of living this Court, while exercising; its judicial discretion, allows enhancement of Rs. 50/- p.m. I, therefore, determine the maintenance pendente lite at Rs. 300/- p.m. which would naturally be payable from the date of application u/s 24 of the Act. This Civil Revision disposed of accordingly.