VIKAS Vs. SWATI W/O VIKAS SAPPADALI

JUDGEMENT

(1.) Aggrieved husband has filed this present writ petition against the order dated 19.12.2018 passed on I.A.No.IV filed by the respondent under Section 24 of Hindu Marriage Act in M.C.No.191/2017, whereby allowed the application in part granting the maintenance of Rs.8,000/- per month to respondent/ wife from the date of filing of the application i.e., from 01.09.2018 and also directed to pay Rs.10,000/- towards litigation expenses.

(2.) The present petitioner/husband has filed the petition under Section 13 (1) (ia) (ib) of Hindu Marriage Act, 1955 for divorce raising various contentions. The respondent/wife has filed objections denying the averments made in the petition.

(3.) During the pendency of the petition, the respondent/wife has filed application under Section 24 of Hindu Marriage Act, 1955 claiming maintenance of Rs.20,000/- per month and Rs.15,000/- towards costs and legal expenses for the litigation, mainly contending that, the petitioner/husband deserted her and drove out from the matrimonial house about one year back. She has no other alternative except to go to her parents' house and reside therein. She is ready to lead marital life with the petitioner/husband. The petitioner/ husband has filed the petition with a malafide intention to marry with another lady. She has no source of income. The petitioner/husband is working in Nationalized Bank and he is getting salary of Rs.70,000/- per month and his mother is working in the Excise Department and she gets salary of Rs.50,000/- per month. The petitioner/husband is having joint family properties i.e., landed properties and house properties at Vijayapur. The petitioner is earning an income of Rs.5,00,000/- per year. Therefore, she sought to allow the application.