DESHPANDE J.- This Letters Patent Appeal by the husband arises out of a Notice of Motion, for fixation of interim maintenance under section 24 of the Hindu Marriage Act of ]955, taken out by the wife in her Matrimonial Petition No. 302 of ]976 for restitution of conjugal right. She claimed Rs. 600 per month on the basis that she was unemployed and the husband was earning Rs. 1200 per month. She also claimed some amount towards costs. The husband asserted in reply that he was earning Rs. 720 per month, and not Rs. 1200. He also alleged that the wife was employed as, a teacher and was earning Rs. 450 per month. He further pleaded that he has to support his father, mother, sister and brother, and that his father's income was meagre. The wife then filed a second affidavit alleging that the father was earning Rs. 1,500 per month and the brother and the sister were earning members and that the family was running dry-fruit business. The husband, however, denied all this but did not indicate what father's income was.

2. A Judge of the City Civil Court allowed the application and fixed such maintenance at Rs. 145 per month from July, 1976 and Rs.125 towards the costs of the suit. H