CRP 341/2010 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Aggrieved by the order, dated 07-08-2010, passed, on an application made by the opposite party herein, under Section 24 of the Hindu Marriage Act, 1955, which gave rise to Misc. Case (J) No. 133/2009, whereby the learned Principal J udge, Family Court, Guwahati, has allowed maintenance pendente lite @ Rs. 12,000 /- per month, in favour of the opposite party No. 1, with effect from 31-07-2009 , which was the date of filing of the application by the opposite party herein s eeking maintenance pendente lite, the petitioner has filed this revision. I have heard Mr. MH Choudhury, learned counsel for the petitioner, and Mr. AM Bu zarbarua, learned counsel for the opposite party. Before coming to the merit of the present revision, it needs to be noted that an application was made by the opposite party herein, on 25-05-2009, in terms of t he previsions of Hindu Marriage Act, 1955, seeking dissolution of her marriage w ith the present petitioner inasmuch as the parties to the application are Hindus by caste. The said application for divorce gave rise to FC (Civil) No. 263/2009 . Pending the divorce proceeding, the opposite party herein made an application, a s indicated above, on 31-07-2009, under Section 24 of the Hindu Marriage Act, 19 55, seeking maintenance pendente lite @ Rs. 60,470/- per month. This application gave rise to Misc. (J) Case No. 133/2009, which was resisted by the present pet itioner. The case of the opposite party, for the purpose of seeking maintenance pendente lite, was, in brief, thus: The petitioner No. 1, i.e., the opposite party herein , does not have sufficient source or means of income and she has no property of her own, she is required to maintain a minor child born in her wedlock with the present petitioner. Though the presence of the petitioner No. 1, at her home, is absolutely necessary to look after her child, i.e., the petitioner No. 2, who i s just about 10 months old, yet the petitioner No. 1 is compelled to engage hers elf in contractual works as and when she finds a job involving sales of products that would keep her and her child (i.e., the petitioner No. 2), somehow, surviv e, because the petitioner No. 1’s father cannot sustain the petitioner No. 1 and her minor child as he himself is a cardiac patient. The defendant, i.e., the pe titioner herein, is an NRI and an employee of a multi-national corporation locat ed in the Middle East. Though he has been remitting large sums to his parents at Nagaon, he has not paid any maintenance to the petitioner No. 1 and the said mi nor child. The petitioner No. 1 accordingly sought for maintenance pendente lite and the expenses of the proceedings. Though the present petitioner resisted the application for maintenance pendente lite, the fact that the petitioner No. 1 is lawfully married to the present peti tioner had not been disputed nor was it in dispute that the child, in question, was fathered by the present petitioner. Though the present petitioner denied tha t he had the capacity to pay Rs. 60,470/- as maintenance pendente lite, the fact remains that the present petitioner admitted that he had been working in Saudi Arabia and strangely enough, he gave no authentic particulars of his earning so as to indicate as to what his income was. On the other hand, he alleged that the petitioner No. 1 had her source of income. What was the source of income of pet itioner No. 1 was, however, not disclosed by the present petitioner, who was, as already indicated above, opposite party in the said application seeking mainten ance pendente lite. This apart, the grievance of the present petitioner, while r esisting the application for maintenance pendente lite, was that he had not been allowed to have the company of his daughter and he contended that if his daught er’s custody was given to him, he would be able to look after her. Why should no t he be made to pay for maintenance pendente lite to the opposite party herein a nd to the said child, the petitioner herein could assign no cogent reasons. Havi ng heard the learned counsel for the parties, the learned Court below has passed the impugned order. I have carefully gone through the pleadings of the parties and the materials on record including the impugned order. What clearly transpires is that the opposit e party herein had been able to clearly show, in Misc. (J) Case No. 133/2009, th at she had no sufficient source of income and as far as the present petitioner i s concerned, he works in Saudi Arabia and has sufficient income and sends money regularly to his parents from Saudi Arabia. In such circumstances, the learned C ourt below took the view that the present petitioner was bound to provide mainte nance pendente lite to the opposite party herein and her minor child. It has als o been the finding of the learned Court below that the present petitioner has be en evading to pay maintenance to the opposite party herein for the last two year s. Considering, therefore, the well being of the child, financial capacity of the p resent petitioner and the needs of the present petitioner’s wife, who had applie d for divorce, the learned Court below has directed payment of maintenance pende nte lite as directed hereinabove, with effect from 31-07-2009 (i.e., with effect from the date of filing of the application seeking maintenance pendente lite wi th further direction to the petitioner to deposit half of the arrear maintenance amount within 15 days from the date of making of the order and the remaining am ount on or before 14-09-2010. Considering the fact that the order has been passed taking into account all the relevant factors, this Court is of the view that in the facts and attending circ umstances of the present case, the impugned order does not call for any interfer ence by this Court in exercise of its revisional jurisdiction and/or by evoking its supervisory jurisdiction under Article 227 of the Constitution of India. In the result and for the reasons discussed above, this revision fails and the s ame shall accordingly stand dismissed. No order as to costs.