SARVESH SAHARAWAT Vs. POONAM TARAWATI

JUDGEMENT

(1.) AFFIDAVITS as directed vide order dated 30.09.2011 have not been filed by both the parties. A very short point is involved in the present case.

(2.) A divorce petition has been filed by the respondent/wife against the petitioner/husband before the learned trial court which is pending adjudication. On 22.11.2010, the respondent/wife had made a grievance before the learned trial court that she alone is bringing up the child and husband is not contributing even towards the educational expenses of the child. She had further stated that she had paid the educational expenses of the child for 3 quarters and a sum of Rs. 35,000/ - has been paid by her. As the application under Section 24 of Hindu Marriage Act (hereinafter referred to as "the Act") was pending disposal, on the hardship being faced by respondent/wife, court passed the impugned order dated 22.11.2010 wherein the direction was issued to petitioner/husband to deposit the school fee and other expenses of the child from the said date i.e. 22.11.2010 till the disposal of application under Section 24 of the Act. The relevant portion of the said order is as under: -

(3.) CONSIDERING the totality of facts and circumstances, I do not find any illegality or infirmity in the impugned order which calls for interference of this court in exercise of its jurisdiction under Article 227 of the Constitution of India.