Y.R. Bhardwaj vs Swaran Lata

J.V. Gupta, C.J.—This petition is directed against the order of the Additional District Judge, Chandigarh, dated 16-3-1990, whereby in an application u/s 24 of the Hindu Marriage Act, a sum of Rs. 1,500/-has been allowed as maintenance pendente lite for the two children aged 15 and 11 years"

Learned counsel for the husband petitioner submitted that his carry-home salary was Rs. 1,900/- only, though his total salary was Rs. 5,220/-. He also submitted that a house was given to the wife by way of compromise in the year 1988 and she is also getting rent therefrom. Moreover, the wife is also an earning hand and it was her responsibility also to maintain the children. Thus, argued the learned counsel, on the facts and circumstances of the case, the maintenance of Rs. 1,500/- per month allowed by the trial Court to the children was excessive and it should be Rs. 1,000/- only as was directed at the time of motion hearing on 29-3-1990. On the other hand, learned counsel for the respondent-wife submitted that there is no illegality in the impugned order as to be interfered with in revisional jurisdiction.

According to the learned Additional District Judge, the gross salary of the husband is Rs. 5,2207- whereas as per the wife, she was getting Rs. 2,600/- per month only.

After hearing the learned counsel for the parties, I do not find any illegality in the impugned order as to be interfered with in revisional jurisdiction. Consequently, the petition fails and is dismissed.