SMT. SUMAN Vs. SHRI ANIL KUMAR

JUDGEMENT

(1.) IMPUGNED in this petition is the order of the Trial Court dated 30th January 2010, whereby application of the petitioner under Section 24 of the Hindu Marriage Act (hereinafter referred to as 'HM Act') seeking maintenance for herself and for the child, Tushar Bhatt was partly allowed. Trial Court was pleased to dismiss the claim of the petitioner on the ground that she was employed for gain and keeping in mind the income of the spouses, awarded maintenance for the child aged about 7 years at the rate of Rs.1,200/ - per month.

(2.) LEARNED counsel for the petitioner has submitted that he had settled his fees at Rs.33,000/ - to be paid by the petitioner, whereas Trial Court has awarded only Rs.3,300/ - towards litigation expenses. He has urged that under these circumstances, respondent is liable to contribute more towards litigation expenses; otherwise petitioner is not financially stable to pay him the fees, as agreed.

(3.) NEEDLESS to say that petitioner being woman, if not employed, is entitled to free legal aid services from Delhi Legal Services Authority. Therefore, if petitioner has chosen in her wisdom to engage the services of an expensive lawyer, it is for her to see how to meet litigation expenses and pay fees of her advocate.