RAJ KUMAR Vs. PARVATI

JUDGEMENT

(1.) CM APPL.1716/2010 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. CM(M) 118/2010 and CM APPL.1715/2010 (stay) Parties to the petition were married on 20.02.2008 at Delhi. They started living separately just after about four months of the marriage due to disputes and differences which arose amongst them. This resulted into filing of a petition under Section 13 (1) (i-a) & (i-b) of Hindu Marriage Act (hereinafter referred to as 'Act') by the husband Raj Kumar seeking dissolution of marriage by way of decree for divorce along with an application under Section 14 of the Act. Application of the Petitioner under Section 14 of the Act was allowed.

(2.) During the proceedings of the divorce petition, respondent wife filed an application under Section 24 of the Act seeking grant of maintenance pendent lite and litigation expenses from the Petitioner, husband.

(3.) Trial Court after taking into consideration the status of the Petitioner, and his capacity to earn as well as his Bank statement, directed the Petitioner to pay a sum of Rs.3,000/- per month as maintenance from the date of the filing of the application i.e. 19.5.2009 and another sum of Rs.8,000/- towards litigation expenses. It was also observed by the Court that if any amount was being received by the Respondent wife as maintenance in any other proceedings, the same shall be adjustable against the amount awarded by the Court.