LAWS(DLH)-2000-8-136

SHYAM CHANDRA PRASAD Vs. RAJESHWSARI DEVI

Decided On August 01, 2000
SHYAM CHANDRA PRASAD Appellant
V/S
RAJESHWARI DEVI Respondents

JUDGEMENT

(1.) , J.

(2.) PETITIONER filed a matrimonial petition under Section 13 of the HM Act for a decree of divorce. In that proceedings respondent made an application under Sections 24 and 26 for pendente lite maintenance to her and to the son born out of wedlock, Saurabh Mani on 12.2.1973. Trial court granted Rs. 600.00 PM to her and Rs. 400.00 PM to the minor child. Respondent took execution proceedings No.29/93 and claimed payment of Rs. 3433.00 as arrears of maintenance. But petitioner took objection to this on the plea that pendente lite maintenance was not payable by him to Saurabh after 12.2.1991 when he had become major and had also taken an employment for Rs. 9000.00 a month. Executing court rejected this plea on the ground he ought to have sought modification of the trial court order.