KAN SINGH, J.—This is husbands appeal directed against on order of the District Judge, Partapgarh, passed under sec. 24 of the Hindu Marriage Act, hereinafter referred to as the "Act", awarding Rs. 25/- as alimony pendente lite to the respondent-wife. From the order it is evident that the monthly income of the husband was taken to be Rs. 100/- and that of the wife at Rs. 175/- and yet Rs. 25/-were allowed to the wife as maintenance pendente lite.

2. In assailing the order learned counsel for the husband contends that the necessary condition for grant of maintenance pendente lite to the wife did not exist. Learned counsel maintains that maintenance could be granted to the wife if she had no independent income sufficient for her support and, therefore the order is illegal.

3. It appears that parties were married according to Hindu rites. Two children were born of the wedlock one was 2-1/2 years old and the other 8 years old. Both the children were admittedly living with the wife at Ujjain. On 22-3-72, the husband moved the petition under sec. 10 of the Act in the court of the District Judge, Partap Garh for judicial separation on the ground of desertion by the wife for a period exceedi

Click Here to Read the rest of this document