Sarita Malviya Vs Rajendra Malviya

Madhya Pradesh High Court 20 Feb 1995 C.R. No. 95 of 1993 (1995) 1 DMC 667
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

C.R. No. 95 of 1993

Hon'ble Bench

U.L. Bhatt, C.J

Acts Referred

Criminal Procedure Code, 1973 (CrPC) — Section 397#Hindu Marriage (Amendment) Act, 1956 — Section 24

Judgement Text

Translate:

U.L. Bhat, C.J.@mdashWife of the respondent, dissatisfied with the order passed by the Matrimonial Court u/s 24 of the Hindu Marriage Act has

filed this revision petition.

2. Revision petitioner claimed interim maintenance pendente lite at the rate of Rs. 1,000/- per month and Rs. 20,000/- towards expenses. The

application was opposed by the respondent husband. The Court awarded Rs. 500/- per month as maintenance pendente lite and Rs. 1,200/-

towards expenses. Revision petitioner has filed this revision on the ground that the amounts awarded are too meagre.

3. Respondent receives salary above Rs. 2,000/- after all deductions. Haying regard to this circumstance, it does not appear that the rate of

maintenance awarded is too low. However, it is clear that the lower Court did not take into consideration the various heads under which the

revision petitioner will have to incur expenditure for the conduct of the case. She has to go from Burhanpur, her place of residence, to Jabalpur

where the Court is situated, at a distance of above 500 kilometers. The Court thought that three visits to the Court would be adequate. That also is

unjustified. The petitioner would not be enabled to prosecute the ease adequately by incurring expenditure of Rs. 1,200/-. This amount deserves to

be raised suitably.

4, The impugned order is modified by substituting Rs. 2,500/-(Rupees two thousand five hundred) for Rs. 1200/- (Rupees one thousand two

hundred). Revision petition is allowed to this extent but without costs.

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