CR No. 1780 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 1780 of 2007 Date of Decision: 27.08.2009 Mangal Singh @ Manga ...Petitioner Vs. Manjit ..Respondent Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: None. Vinod K.Sharma,J. (Oral) This revision petition is directed against an order dated 17.02.2007 passed by learned Additional Civil Judge (Senior Division), Amritsar on an application moved under section 24 of the Hindu Marriage Act (for short the Act) for maintenance pendente lite and litigation expenses. It was averred in the application that the respondent/husband was earning a sum of Rs.3000/- (Rupees three thousand only) per month from all sources, whereas she has no independent source of income. The application was contested by the petitioner/respondent, CR No. 1780 of 2007 2 wherein a plea was taken that the income of the petitioner was only Rs.1500-1600/- per month. Learned trial court by treating the petitioner an able bodied person assessed his monthly income at Rs.4000/- (Rupees four thousand only) and assessed maintenance pendente lite at Rs.1500/- (Rupees fifteen hundred only) per month. The learned court also awarded litigation expenses of Rs.2500/- (Rupees two thousand and five hundred only). Impugned order has been challenged by the petitioner. On consideration of matter, I find force in this petition. Once the assertion of the respondent herself was that the income of the husband was about Rs.3000/- (Rupees three thousand only) per month, the learned court was not justified in assessing the income at Rs.4000/- (Rupees four thousand only) per month in the absence of any positive evidence. Consequently, this revision is disposed of by reducing the maintenance pendente lite to Rs.1000/- (Rupees one thousand only) from Rs.1500/- (Rupees fifteen hundred only) per month. The grant of litigation expenses of Rs,2500/- Rupees two thousand and five hundred only) is upheld. (Vinod K.Sharma) 27.08.2009 Judge rp