S SREEDHAR REDDY Vs. SOUMYA

JUDGEMENT

(1.) Even though the matter is listed for preliminary hearing, with consent it is taking up for final disposal. This petition is by the husband. Respondent is the wife. The marriage between the petitioner and respondent was performed on 16-4-2009 and the same was registered on 20-4-2009. It is the case of the petitioner that they stayed together only for three months. Petitioner-husband has filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of the marriage on the ground of cruelty and desertion. During the said proceedings, the respondent makes an application under Section 24 seeking interim maintenance. The said application is seriously opposed by the petitioner-husband. Learned Family Judge has awarded a sum of Rs. 10,000/- as interim maintenance and Rs. 25,000/- towards litigation expenses. The said order is questioned in this writ petition.

(2.) Mr. Chandrachooda, learned Counsel appearing for the petitioner submits that the learned Family Judge has clearly erred in awarding maintenance as well as litigation expenses inasmuch as without any material finding is recorded that the petitioner is earning Rs. 1,50,000/- p.m. whereas it is not so. He has made available the salary certificate during the course of this proceedings. He also submits that respondent-wife is gainfully employed and is earning Rs. 30,000/-.

(3.) On notice, respondent has entered appearance and counters the contentions of the petitioner. He submits that the salary of the respondent is Rs. 9,000/- and not Rs. 30,000/- as suggested.