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1968 Supreme(Ori) 35

S.BARMAN
PRASANA KUMAR PATRA – Appellant
Versus
SURESWARI PATRANI – Respondent


Advocates Appeared:
Y.S.N.MURTY

S. BARMAN, C. J.

( 1 ) THIS is a husband's appeal1 against an order passed by the Subordinate Judge, sambalpur, on the wife's application for maintenance under Section 24 of the hindu Marriage Act (Act 25 of 1955) by which the wife was granted Rs. 30 as interim maintenance and Rs. 75 as litigation expenses.

( 2 ) THE relationship between the husband and the wife does not appear to be very cordial in that on February 1, 1967 the husband filed a suit against the wife under section 9 of the Hindu Marriage Act for restitution of conjugal rights. During the pendency of the said suit the wife filed this petition under Section 24 for interim maintenance and for expenses of the litigation. According to the wife, the husband has sufficient income to the extent of Rupees 2,033 per year. The learned subordinate Judge on appreciation of the evidence as discussed by him in his judgment, which I need not repeat herein, came to the conclusion that taking a modest view of the earnings of the husband it will not 'be less than Rs. 60 per month from the Pan shop and from his joint family lands. The reasoning on which he granted Rs. 30 as interim maintenance is that the husband has no dependent to m




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