SANJAY Vs. ASHWINI

JUDGEMENT

(1.) The husband filed the above writ petition against the order dated 04.12.2015 on the interim application filed by the wife under Section 24 of the Hindu Marriage Act, made in M.C.No.6/2015 on the file of the III Addl. Senior Civil Judge, Hubballi, granting interim maintenance of Rs.5,000/- per month to the wife, during the pendency of the matrimonial case between the parties.

(2.) The respondent wife filed the divorce petition under the provisions of Section 13(1) (1a) of the Hindu Marriage Act, contending that she is the legally wedded wife of the present petitioner and their marriage took place on 28.05.2011 in the presence of the elders of both the petitioner and respondent, at Modern Hall, Dharwad, according to the Hindu customs and rites etc. The husband filed the objections denying the averments made in the petition.

(3.) During the pendency of the divorce petition in M.C.No.6/2015, the respondent-wife filed an application under Section 24 of the Hindu Marriage Act, seeking interim maintenance of Rs.25,000/- to maintain herself, contending that the husband never cooperated with her in the matrimonial life and she has been sent to her parents' house. She stated that, as the matter is in progress and there were stages to be completed, she has to attend the Court for evidence, but she has no income to independently maintain herself. Hence she sought for interim maintenance of Rs.25,000/- per month to meet the expenses of her food, clothing, medical expenses etc., and also the litigation expenses. She further contended that her husband is a capable person and is having good wealth and having movable and immovable properties; her husband's family is totally well with respect to the economical affairs; and the petitioner was earning Rs.50-60 thousand per month from his business and also getting net income from immovable properties.