SUCHETA ZUTSHI NEE PANDITA Vs. PANKAJ PANDITA

JUDGEMENT

(1.) Present petition is directed against the order dated 3.3.2008 passed by learned Additional District Judge, Delhi, on an application filed by Petitioner under Section 24 of Hindu Marriage Act, in HMA No. 274/2007, seeking interim maintenance for herself and for her minor child. Learned trial court vide its order dated 3.3.2008 has granted maintenance @ 4000/- per month, to the Petitioner (wife) and 2500/- per month, to the minor child.

(2.) Learned Counsel for the Petitioner submits that maintenance awarded by the trial court is extremely unreasonable and insufficient for the Petitioner and her school going minor son, who is stated to be seven years of age. Counsel further submits that Petitioner has no other source of livelihood. Learned Counsel for the Petitioner has drawn the attention of the Court to an affidavit filed by the Petitioner in this Court in compliance with the order dated 21.4.2010 in which a categorical assertion has been made by the Petitioner that she is not employed.

(3.) Learned Counsel for the Petitioner submits that although Petitioner is residing with her parents but she has to pay for the school fee, school uniform, transport and other expenses. Counsel further submits that learned trial court while passing the order for maintenance has failed to take into consideration the family background of the parties and the standard of living, which was being maintained by them in their matrimonial home.