N. MEGHASHYAM Vs. SANJEEVANI WALVEKAR

JUDGEMENT

(1.) The parties are estranged couple Their marriage was solemnized on 30.11.2008. Petitioner - husband, filed M.C. No. 4500/2012, for divorce, under Section 13(1)(ia) of Hindu Marriage Act, 1955 (for short 'the Act'), in the Family Court, Bengaluru. The case has been contested by the respondent - wife, by filing counter. I.A. No. 4 filed by the respondent, under Section 24 of the Act, despite objections filed by the petitioner, having been allowed in part, on 08.10.2013, vide order as at Annexure-E and the petitioner having been directed to pay interim maintenance at Rs. 25,000/- p.m. from the date I.A. No. 4 was filed, feeling aggrieved, petitioner - husband filed W.P. No. 50391/2013 and respondent - wife filed W.P. No. 53109/2013, for enhancement.

(2.) Heard Smt. Shobha S. Bhavikatti, learned advocate for the petitioner and Sri Suraj Patil, learned advocate for the respondent and perused the writ record.

(3.) Section 24 of the Act, makes a provision for maintenance pendente lite and expenses of proceeding. The said provision enables the spouse, who has no independent income sufficient for her or his support, to apply to the Court, to direct the opposite party to pay the monthly maintenance, regard being had to the applicant's own income, if any and the income of the opposite party. The section confers discretion on the Court, in the matter of passing order for payment of interim maintenance, by having due regard to the income of the parties.