JUDGMENT R.S. Garg, J. 1. The wife in her petition under Section 10 of the Indian Divorce Act filed an application for gant of ad-interim maintenance on the grounds that she herself was earning about Rs. 2000/- and was also earning something from private tuitions, she was to maintain herself and two children residing with her; the husband was earning Rs. 5000/- or more, and therefore, the maintenance and litigation expenses be awarded to the wife. 2. The husband in the petition contested and submitted that the wife was earning more than Rs. 3000/-and was also earning from tuitions, the wife just two months before the date of her evidence took away the child from school only to create evidence in her favour that they are living with her. 3. Learned Trial Court, after hearing the parties and considering the evidence came to the conclusion that the salary of the husband was Rs. 6000/-, wife was earning about Rs. 3700/- per month, the wife was also looking after and maintaining two children of the wedlock. The Trial Court ordered the husband to pay Rs. 500/- as interim maintenance. Being aggrieved by this order the appellant/ husband has preferred this appeal. 4. Mr. Jain, learned Counsel for the appellant submitted that when the husband is ready and willing to have the custody of the children and was ready and willing to maintain and look after the children, then the order for grant of maintenance could not have been passed. He also submitted that the wife is earning almost about Rs. 5000/- and in this amount she can maintain herself and children, on the other hand, Mr. Sanyal, learned Counsel for the respondent has submitted that the present applicant in his statement has admitted that the children are at present living with the non-applicant/respondent wife, therefore, the order does not deserve any interfernce. 5. After hearing the parties and considering the rival contentions, I am of the opinion that the appeal deserves to be dismissed. It is not in dispute that at present the wife is maintaining herself and the two children in the sum of Rs. 3700/-, while on the other hand, the husband is earning around Rs. 6000/- and has no other responsibility. Paltry sum of Rs.
It is not in dispute that at present the wife is maintaining herself and the two children in the sum of Rs. 3700/-, while on the other hand, the husband is earning around Rs. 6000/- and has no other responsibility. Paltry sum of Rs. 500/- if paid by the husband would be utilised by the wife for the maintenance of the children and that would be a good gesture on the part of the husband which would only show and ensure his bonafide that he is ready and willing to maintain the children after they are given to his custody. If the appellant is required to pay Rs. 500/- out of Rs. 6000/-, the wife's total earning would be around Rs. 4200/- in which three persons are required to be maintained, while on the other hand, the husband would be enjoying alone out of the remaining sum of Rs. 5500/-. In the circumstances, the order does not call for any interference. The appeal is dismissed.