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Ramesh Patni Vs. Smt. Hansa - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Revision No. 248 of 1981
Judge
Reported in1981WLN(UC)264
AppellantRamesh Patni
RespondentSmt. Hansa
DispositionPetition allowed
Excerpt:
.....is rs. 535/-per month, 1 am of the opinion that a sum of rs. 125/- per month as pendente lite maintenance from the date of the application as well as a sum of rs. 550/- as expenses of litigation will be sufficient.;revision allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the..........act, 1955 (hereinafter referred to as 'the act') awarding a sum of rs. 270/- p.m. as pendente lite maintenance and rs. 800/- as expenses of proceedings.2. notice of this revision petition was given to the non-petitioner and mr. m.l. kala has put in appearance on behalf of the petitioner. looking to the controversy involved, both the learned advocate-agree that this revision petition may be disposed finally at this stage.3. this petitioner filed an application under section 13 of the act for dissolution of his marriage with non-petitioner by a decree of divorce. in that application, an application under section 24 of the act was filed for pendente lite maintenance and the expenses of the proceedings. affidavits were filed and the learned district judge, pali, holding that the net.....
Judgment:

M.B. Sharma, J.

1. This a revision filed by the husband against the order of the learned District Judge, Pali, under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') awarding a sum of Rs. 270/- p.m. as pendente lite maintenance and Rs. 800/- as expenses of proceedings.

2. Notice of this revision petition was given to the non-petitioner and Mr. M.L. Kala has put in appearance on behalf of the petitioner. Looking to the controversy involved, both the learned advocate-agree that this revision petition may be disposed finally at this stage.

3. This petitioner filed an application under Section 13 of the Act for dissolution of his marriage with non-petitioner by a decree of divorce. In that application, an application under Section 24 of the Act was filed for pendente lite maintenance and the expenses of the proceedings. Affidavits were filed and the learned District Judge, Pali, holding that the net monthly income of the petitioner is Rs. 535/- per month and awarded a sum of Rs. 270/- per month as pendente lite maintenance and Rs. 800/- as expenses of proceedings.

3. After having gone through the record of the case, and having heard the learned Counsel for the parties, I am of the opinion that tie amount awarded by way of maintenance as well as expenses of proceedings is excessive. There is no dispute between the parties that so far as the non-petitioner is concerned, she has no independent source of income to maintain herself or to pay the expenses of proceedings. Taking the finding of the learned District Judge that the net monthly income of the petitioner is Rs. 535/- per month, I am of the opinion that a sum of Rs. 125/-per month as pendente lite maintenance from the date of the application as well as a sum of Rs. 550/- as expenses of litigation will be sufficient.

4. In the result, I allow the revision petition and modify the order of the learned District to the extent that the non-petitioner shall get Rs. 125/-per month as maintenance under Section 24 of the Act from the date of her application and shall further get a sum of Rs. 550/- as expanses of proceeding. It is hereby directed that the petitioner shall pay the arrears within two months and shall continue paying monthly maintenance by the 15th of subsequent month to the non-petitioner against receipt.


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