Delhi High Court High Court

Rekha Rani Saxena vs Ashok Saxena on 20 November, 1991

Delhi High Court
Rekha Rani Saxena vs Ashok Saxena on 20 November, 1991
Equivalent citations: 46 (1992) DLT 351
Author: P Nag
Bench: P Nag


JUDGMENT

P.N. Nag, J.

(1) This revision petition is directed against the order dated 19th August, 19S9 passed by Mrs. Manju Goel, Additional District Judge, Delhi whereby she has awarded maintenance to the petitioner-wife @ Rs. 300.00 pm. from the date of the application under Section 24 of the Hindu Marriage Act, i.e., 11,10.1988 and litigation expenses amounting to Rs. l,500.00 .

(2) There is no dispute that the amount awarded by the learned Additional District Judge has been paid to the petitioner-wife and is being paid accordingly.

(3) The petitioner-wife has filed this revision petition for enhancement of the maintenance on the ground that the income of the respondent-husband is much more than what has been assessed by the learned Additional District Judge and she should be awarded maintenance @ Rs. 1.000.00 p.m.

(4) Earned Counsel for the respondent-husband has brought to the notice of this Court the Pay Certificate for the month of July, 1991 of the respondent-husband, who is working as a Postman, wherein it is stated that the respondent-husband is drawing Rs. 1.760.00 as total emoluments per month. However, there are certain deductions being made there from.

(5) This document has been filed in Court and is taken on record. (

6) Having regard to the totality of the circumstances in view, I consider it expedient in the interest of justice to enhance the amount of maintenance from Rs. 300.00 p.m. to Rs. 500.00 pm. with effect from July, 1991 when his salary was raised to Rs. 760.00 p.m.

(7) The respondent-husband is, therefore, directed to pay a sum of Rs. 500.00 p.m. w.e.f. 1st July, 1991 to the petitioner-wife, as an interim measure, till the final disposal of the divorce peittion pending before the trial Court. The arrears of maintenance as ordered today be paid within one month from today.

(8) The revision petition stands disposed of. Revision partly allowed.