1986 Supreme(MP) 679

IN THE HIGH COURT OF MADHYA PRADESH
B. M. LAL, J.
Smt. Yashoda Bai - Appellant
Versus
Omkar - Respondent
C. R. No. 124 of 1986 (J)
Decided on : 21-10-1986

Headnote:Hindu Marriage Act, 1955 – S. 24 – husband found to be able bodied person – liability to pay maintenance pendente lite cannot be escaped even he is not earning anything.

        Short Note

       1. This revision under Section 115, C. P. C. is filed by the wife against whom a petition under Section 13 of the Hindu Marriage Act for seeking decree for divorce has been filed. The applicant/wife bas filed an application under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite. She claims Rs. 250/ – per month for her maintenance and Rs.400/ – towards litigation expenses.

       2. The trial Court by the impugned order has rejected the application on the ground that the non – applicant has no independent or any other source of income but he resides with his father who is a cultivator and is also carrying on grocery shop in the village.

       3. Held : It is not disputed that the non – applicant is an able bodied man and it is not the case that he is disable to maintain his wife. Marriage is a sacred union between man and woman having pious duties and obligations against each other. Therefore, the husband cannot escape liability by saying that be bas no Independent or separate income. In such cases, if the husband is found to be an able bodied man that itself is sufficient to fasten the liability to maintain his wife or children as the case may be.

       4. In the instant case, it is not disputed that the non – applicant's father is an agriculturist and also running a grocery shop in the village. He is also providing funds for the education of the non – applicant husband. In such circumstances, it could not be said that for the maintenance of the applicant – wife no funds could be managed from the agricultural income and that of the grocery shop.

       5. As already held, it is the pious duty of the husband to maintain his wife and he cannot escape the liability by saying that he has no independent income. In my opinion, in this case also the non – applicant – husband must maintain and make arrangement to pay maintenance pendente lite to the wife – applicant. Looking to the circumstances of the case and considering the status of the parties. Rs. 250/ – per month be paid towards maintenance pendente lite from the date of the application and Rs. 300/ – towards litigation expenses to the applicant, within two months from the date of the order.

       Revision allowed.