BHAKTVATSAL SINGH RAJPUT Vs. VANDANA RAJPUT

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India. The matter arises from a Family Court established under the Family Courts Act, 1984; hereinafter referred to as 'FC Act'.

(2.) Petitioner applied for divorce under the provisions of Hindu Marriage Act, 1955; for short 'HM Act'; on the ground that the Respondent/wife has committed adultery; she having illicit relations with Tarun, whose address is mentioned in paragraph 8.4 of this writ petition. Pending that application, the Respondent/wife filed an application under Section 24 of the HM Act seeking an order for payment of maintenance pendente lite and expenses of the proceedings. That application was allowed by the Family Court as per the impugned order directing payment of the amounts fixed therein. The Court below also directed that the aforementioned Tarun be impleaded as a respondent in the proceedings. This is under challenge.

(3.) The order for payment of maintenance pendente lite and for payment towards litigation expenses, including food and travelling expenditure, has been issued by the Court below on due and fair application of mind to the facts and circumstances of case. The amounts so awarded cannot be treated as exorbitant; or, as not allowable under law. Therefore, there is no ground to interfere with the impugned order, to that extent, in exercise of power under Article 227 of the Constitution.