JUDGMENT R.N. Ray, J.
1. Heard learned Counsel for the applicant and the learned A.G.A. It has been submitted applicant's wife prayed for maintenance for herself and her minor child. It is the admitted position that the applicant and his wife had some source of income though there was a challenge in the written argument and on that score no evidence was led. It also transpires, during the trial the husband applicant has two sons from his first wife (since deceased). The revisionist has income of Rs. 2000/- being a Class IV employee and he has two bighas of land. A suit for divorce is pending between the parties and an ad interim order of alimony to the tune of Rs. 500 /-per month was passed by the learned Judge in the matter of petition Under Section 24 of the Hindu Marriage Act and as such the wife has been receiving Rs. 500/- per month.
2. The present revision petition has been directed against the judgment and order of the learned Court below upon contending that the learned Judge failed to take notice of the fact that apart from the respondent No. 1 (Smt. Raj Luxmi), he has to maintain his widow mother and two sons by his first wife (since deceased). The wife of the applicant has been all through getting Rs. 500/- by an ad interim order passed Under Section 24 of the Hindu Marriage Act, in a suit for divorce which is still pending. It has been further contended that the learned Court below has not assigned any reason for awarding the maintenance, as such that is bad. Learned A.G.A. submitted that maintenance was granted to the wife and the minor children so the amount of maintenance was not heavy.
3. Duly considered the submissions. Since the revisionist is getting Rs. 2000/- p.m. as his salary and he has some income from 2 Bighas of agricultural land and as the revisionist is to maintain his widow mother and two sons by his first wife (deceased) ? I think that the amount of Rs. 500/- is all as the maintenance to the applicant's wife and her minor children is, sufficient in view of the facts and circumstances of the case, as has been placed before me and that amount should be adjustable against any payment to his wife in compliance of the order passed Under Section 24 of the Hindu Marriage Act. Since no reason has been assigned for awarding maintenance from the date of application, I think that order needs to be modified. Hence it is ordered this revision application stands partly allowed. The revisionist/applicant is to pay maintenance allowance in all i.e. Rs. 500/-towards the maintenance of his first wife (deceased) and her minor children from the date of the order as passed by the learned Court below and not from the date of the application. It is further ordered that this amount should be adjustable against the payment of maintenance, as awarded by the learned Judge in matrimonial suit, pending between the parties. A copy of this order may be given to the learned Counsel for the revisionist against payment of usual charges within a week; This petition is thus finally disposed of. Cr. Revision partly allowed.