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1985 Supreme(Ker) 134

U.L.BHAT
THANKARAJ – Appellant
Versus
PUSHPA ROSE – Respondent


Judgment :-

1. Respondent is the wife of the petitioner. Parties are Nadar Christians governed by the provisions of the Indian Divorce Act (for short 'the Act'). Respondent filed O. P. 25/84 seeking a decree for judicial separation under S.23 of the Act. O.P. was filed on 8-2-1984 and the summons was served on the husband on 28-5-1984. Pending O. P., wife filed an application seeking an order of alimony pendente lite. The application was opposed by the husband but was allowed by the Court directing the husband to pay alimony at the rate of Rs.140/-per month from the date of service of summons on the husband. It is this order which is now challenged in revision.

2. Parties raised conflicting pleas regarding each other's means. On the evidence placed before him, the learned District Judge held that the wife has no means to maintain herself, that the husband derives a net income of Rs. 600/- per annum from immovable property and pay and allowances to the extent of Rs. 668/- per month as seen in Ext. BI out of which allowance was given for Rs. 10/- per month deducted by way of subscription to L.I C. Thus, total net income was estimated at Rs 708/-. Parties have a child aged three and ha














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