B.S. VIKRAM Vs. SMT. RAJASHREE VIKRAM BELUR

JUDGEMENT

(1.) The petitioner in W.P. No. 914 of 2014 and W.P. No. 915 of 2014 is 'he husband, while tire petitioner in W.P. No. 6044 of 2014 and W.P. No. 6045 of 2014 is the wife of the petitioner in W.P. No. 914 of 2014 and W.P. No. 915 of 2014. Since they are arrayed differently in these petitions, for the purpose of convenience and clarity, they are referred to as 'husband' and 'wife', wherever the context requires.

(2.) The husband has filed the petition in M.C. No. 1484 of 2013 under Sec. 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. In the said proceedings, the wife while filing the objection statement has also raised a counterclaim seeking dissolution of the marriage. In dm pending proceedings, the wife has filed an application in I.A. No. 4 under Sec. 151 of Civil Procedure Code, 1908 seeking for travelling expenses rid the cost of litigation be paid to the wife. Yet another application in I.A. No. 5 is filed under Sec. 24 of the Hindu Marriage Act, 1955 seeking interim maintenance. The Court below after taking note of the rival contentions has granted travelling allowance of Rs. 2,500.00 per travel and also granted interim maintenance of Rs. 5,000.00 p.m. Litigation expenses of Rs. 10,000 is also ordered. Such order has been made on 9-12-2013. The husband is before this Court assailing the said order by contending that the expenses, litigation expenses and the interim maintenance as granted by the Court below is excessive and the same be reduced. The wife on the other hand is before this Court seeking modification of the very same order dated 9-12-2013 and is seeking that the expenses, litigation expenses and the maintenance as awarded be enhanced. I have heard learned Counsel for the parties and perused the petition papers including the order dated 9-12-2013, which is the common subject-matter in all these petitions.

(3.) The wife while seeking travelling expenses and the maintenance, as also litigation expenses has contended that she is presently residing at Mumbai along with her parents and also pursing her further education and as such has sought for travelling expenses of Rs. 15,000.00 per travel seeking to travel by air. Further, the wife while seeking maintenance has contended that the husband is working as Assistant Professor having sufficient income and has also contended that the husband owns properties at Mudigere in Chikamagalur and thus having sufficient income from the said property, appropriate maintenance is required to be paid to the wife.