Rule, returnable forthwith.

2.The parties are wife and husband. They have been married since 22.10.1986. The wife has filed a Divorce Petition in the Family Court in 2008. She has applied for interim maintenance under Section 24 of the Hindu Marriage Act, 1955 for herself and her 2 daughters admittedly born on 13.10.1988 and 4.1.1991. Her Advocate argued that the daughters are 19 years and 17 years old respectively which is arithmetically incorrect. The daughters are 21 years and 19 years, respectively.

3.The interim maintenance application would have to be considered for the Petitioner-wife under Section 24 of the Hindu Marriage Act and for her children under Section 20

(2) and (3) of the Hindu Adoptions and Maintenance Act, 1956. The learned Judge has considered the application on behalf of three of them. The wife has been refused the interim maintenance. The children have been granted interim maintenance of Rs.3,000/-each. They attend college and are dependent children though they have attained majority.

4.The wife has not been granted any interim maintenance. She has challenged that part of the order. The Petitioner-wife is a teacher. She earns Rs.35,000/-. The interim maintenance has to be granted under Section 24 of the Hindu Marriage Act, 1955, which runs thus:-

"24. Maintenance, pendente lite and expenses of proceedings.- Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable."

Under that section, the Court has to see whether the Petitioner-wife earns any independent income sufficient for her support and the expenses of the proceedings. Rs. 35,000/- can be taken to be sufficient for the support of the Petitioner pending the Petition.

5.The Petition has reached the stage of the cross-examination of the Petitioner-wife who has filed the Petition. She has instead taken out the application for enhanced amendment of the Petition to claim maintenance on the ground that the husbands income has been enhanced under the 6th Pay Commission Report. The husband is a Military Officer. He used to earn Rs. 35,000/-. He now earns Rs.65,000/-. The wife has been refused the interim maintenance on the ground that she has independent income sufficient to maintain herself. Because the husband starts earning additional amount, she cannot be taken not to have income sufficient to maintain herself ipso facto.

6.This rule of law applies to interim applications. That is because extensive evidence relating to all the assets and properties of the husband as also his income from all sources cannot be looked into in an application for interim maintenance.

7.The wife would be entitled to alimony, depending upon the income of the husband and his assets and properties at the final hearing of the Petition for divorce when the permanent alimony and maintenance would be considered under Section 25 of the Hindu Marriage Act, which runs thus:-

"25. Permanent alimony and maintenance.-(1) Any Court exercising jurisdiction under the Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondents own income and other proper