ANJU Vs. RINKU DAHIYA

JUDGEMENT

(1.) The aforesaid two appeals have been filed by the husband/Rinku Dahiya and wife/Anju respectively against the Order dtd. 23/2/2023 dismissing the application under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act "), whereby the husband/ Shri Rinku Dahiya has been directed to pay Rs.40,000.00 per month towards the maintenance of the child while the maintenance to the wife Anju has been declined. The husband has sought reduction in the maintenance amount while the wife has claimed a maintenance in the sum of Rs.2.00 lakh for herself and enhancement of maintenance from Rs.40,000.00 per month to Rs.60,000.00 per month for the child.

(2.) The parties got married on 6/7/2014 and one son was born from the said wedlock on 24/6/2016. The parties developed difference and separated in February, 2020

(3.) A Divorce petition was filed by the wife Smt. Anju seeking divorce. She also filed an application under Sec. 24 of the Act seeking interim maintenance. Admittedly, the appellant/ wife is having a degree of B.Sc and MBA (Banking and Finance) and is presently working with Mamta Project Pvt. Ltd. (Head of Credit and Product), Gurugram, Haryana drawing a salary of Rs.2.5 lac per month. She claimed that she was paying Rs.92,940.00 per month as EMI for the loan taken for a flat and Rs.25,137.00 per month as EMI towards car loan. From the meagre income which is left thereafter, she is barely able to manage and provide reasonable facility to her child whose all the educational and other overhead expenses are being borne by her. The husband was earlier transferring Rs.20,000.00 to Rs.30,000.00 per month towards the expense of the child, but he has stopped paying this amount since November, 2021. The appellant/ wife therefore, claimed a maintenance of Rs.2.00 lakhs for herself and Rs.60,000.00 for the child and Rs.50,000.00 towards litigation expenses.