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1992 Supreme(P&H) 996

G.C.GARG
Arti Chopra – Appellant
Versus
Sudhir Chopra – Respondent


Judgment

G.C.Garg, J.

1. This revision petition is directed against the order of learned Additional District Judge, Amritsar dated February 1, 1992. whereby an application under Section 24 of the Hindu Marriage Act filed by the petitioner wife was disposed of by declining maintenance pendente lite but allowing a sum of Rs. 3000/- towards litigation expenses. Aggrieved by this order, the petitioner-wife has filed the present revision petition.

2. The undisputed facts are that a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights is pending between the parties. Two minor children of the parties are living with the wife who is now employed and getting a salary of Rs. 1500/- per month, though according to the husband-respondent, she is getting a salary of Rs. 2500/-per month. The respondent has returned an income of about Rs. 18.000/- in his income-tax return and has another sum of Rs. 1,75,000/-in the National Saving Certificates.

3. The claim of the petitioner-wife for maintenance pendente lite has been declined, primarily on the ground that she is earning a sum of Rs. 1500/-per month and, therefore, was not entitled to any maintenance.

4. Learn


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