The award of maintenance pendente lite and litigation expenses to a wife under Section 24 of the Hindu Marriage Act, 1955 is a matter of discretion of the Court. The Court has to take into account all the relevant factors, including the income of the parties, the standard of living of the parties, the needs of the wife, and the conduct of the parties.

AVADH BEHARI ROHATGI

( 1 ) THIS is a revision against the order of the Additional District Judge, Delhi dated 27-2-1982.

( 2 ) THESE are the facts. The husband has filed a petition for divorce against the wife in the Court of the Additional District judge. The wife made an application under Section 24 of the Hindu Marriage Act (the Act) for grant of maintenance pendente lite at the rate of Rs. 600. 00 per month and litigation expenses amounting to Rs. 4,000. 00. The Judge awarded Rs. 500. 00 per month as maintenance pendents lite and Rs. 3,000. 00 as litigation expenses. From this order the husband has come in revision to this Court.

( 3 ) THE wife is a teacher in a school- She gets Rs. 1,344. 79 p. per month as her salary. Out of this a sum of Rs. 75. 00 is deducted on account of General Provident Fund. She is left with Rs. 1,269. 78 p. par moath for her maintenance. She pays no income-tax. So she has an income of Rs. l,270. 00 per month of her own.

( 4 ) THE husband is a class I gazetted officer. He owns a house in Greater Kailash, New Delhi. He maintains a car. He has filed a copy of his income-tax returns for the assessment year 1983-84. From this return the following particulars of his income appear:

( 5 ) ON his income he has paid income-tax amounting to Rs. 11,297. 00 and made a compulsory deposit of Rs. 4,500. 00 under the Compulsory Deposit Scheme, Counsel says that the husband s net income comes to Rs. 28,120 per annum. The income per month on this basis works out to Rs. 2,344.

( 6 ) ACCORDING to the husband the following are the out-goings :

( 7 ) IT is significant to note that the husband is depositing Rs. 17,000. 00 in the Public Provident Fund which is in fact his saving.

( 8 ) THERE is no dispute that the husband s income comes to Rs. 2,344. 00 per month on the above calculations But two things are of outstanding importance. One, that he is living in his own house. Secondly, that ho deposited Rs. 17,000. 00 in the Public Provident Fund account. If the amount of Rs. 17,000. 00 is taken into account, the husband s income will be more more. But his counsel says that the deposit of Rs. 17,000. 00 in the Public Provident Fund is essential otherwise the husband will have to pay very heavy tax. I will consider this question separately.

( 9 ) THE Judge found that the wife was spending Rs. 600. 00 per month on her food Rs. 200. 00 on transport and that she needed money for renting a separata residence. At present she is living with her parents. The parents are residing in a slum area at Rs. l0. 00 per month. The wife wants to live separately. Her total income of Rs. 1,270. 00 is hardly enough to enable her to rent an accommodation. So the Judgs awarded her Rs. 500. 00 per month taking all the facts and circumstances of the case into account. The single question is whether this award of Rs. 500. 00 per month is unjustified, as is urged by counsel for the husband.

( 10 ) IN my opinion the order is eminently just taking all the factors into account. The wife cannot be compelled to live with the parents. H she requires a separate residence, the request is not unreasonable. The husband is living in his own house. The wife can also claim a separate residence true it is that she is at present residing with her parents but she cannot be forced to continue to live with them. She wants to rent a separate accommodation and live independently. She has to maintain a reasonable standard of living and according to her estimate it will not be possible to rent an accommodation for anything less than Rs. 700. 00 per month. The Judge granted her only Rs. 500. 00 as against the claim of Rs. 700. 00. I see no justification to reduce this amount further. Section 24 of the Act says: 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

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