( 1 ) THIS revision petition is directed against an order of an Additional District Judge dated 29. 7. 2000 by which an application filed by the petitioner wife for enhancement of the pendente lite alimony was dismissed.

( 2 ) BRIEFLY the facts are that the respondent husband had filed a suit against the petitioner under Section 22 of the Indian Divorce Act for grant of a decree of judicial separation. It is pending. On the application of the petitioner the Court fixed on 27. 3. 1999 her pendente lite alimony at Rs. 500. 00 per month. Thereafter on 23. 5. 2000 she submitted an application for enhancement of her pendente lite alimony on the ground that alimony fixed at Rs. 500. 00 per month is very low as compared to the monthly salary of Rs. 12,000. 00 which the respondent is getting. Besides she has to pay electricity bill ofrs. 15,000/-, water bill for Rs. 2,100. 00 and incur Rs. 1,000. 00 on maintenance of flat payable to the locality management. She has also to meet house tax liability. She was keeping ill and has no other source of income. The allegation of the respondent that she has rented out the flat has been found false by the Local commissioner who was appointed by the Trial Court. She has requested that her maintenance allowance be increased from Rs. 500. 00 per month to Rs. 5/000. 00 per month.

( 3 ) NOTICE of the petition was sent to the respondent who failed to contest it.

( 4 ) THE relevant provision which applies to the grant of pendente lite alimony to the wife in a petition filed under Indian Divorce Act is Section 36 which is reproduced as under:

"36. Alimony pendent litein any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection the wife may present a petition for alimony pending the suit. Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just: provided that alimony pending the suit shall in no case exceed one-fifty of the husband s average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution or marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.

( 5 ) THIS section postulates: (1) the matrimonial suit is filed by the husband or wife under the provisions of Indian Divorce Act for, (a) nullity of marriage, (b) dissolution of marriage, (c) judicial separation; and (d) restitution of conjugal rights of marriage, and it is pending; (2) the application for grant of alimony during the pendency of the matrimonial suit may be filed by the wife irrespective of fact whether she had obtained an order of protection or not; (3) the notice of the application has to be served on the husband and opportunity of hearing provided to him; (4) the Court n. ust be satisfied of the truth of the statement contained in the application for alimony; (5) the Court may fix interim alimony of the wife at such amount as it may deem just and may direct the husband to make the payment to the wife; (6) the alimony pending the matrimonial suit will in no case exceed 1 /5th of the husband s average net income for three years next preceding the date of the order; and lastly the order of payment of interim alimony shall continue in operation in case of a decree of dissolution of marriage or nullity of the marriage until the decree is made absolute or confirmed. In the case of a decree for judicial separation it will remain in operation during the pendency of the suit while in the case of suit for restitution of conjugal rights the alimony may be granted upto the time appointed by the Court for compliance with the decree.

( 6 ) SALIENT features of the provision of Section 36 which distinguishes it with similar provision in the matrimonial statute, in pa