HARDEEP SINGH Vs. SAVITA

JUDGEMENT

(1.) Appellant has filed the present appeal under Section 19 of the Hindu Marriage Act for setting aside order dated 08.11.2013(impugned order) passed by the Family Court for granting interim maintenance @ Rs.10,000/- per month and litigation expenses of Rs.5,500/-.

(2.) The appellant had filed a petition seeking grant of divorce on the ground of cruelty under Section 13(1) (i-a) of the Hindu Marriage Act. During pendency of this petition, an application was filed seeking interim maintenance. The marriage between the parties was solemnized on 06.05.2011. The respondent had claimed before the Family Court that she is a housewife and is not gainfully employed, nor she has any source of income to maintain herself. According to the respondent, her husband, appellant herein, is an advocate having income of more than Rs.1,00,000/- per month. Additionally, he has land in Haryana, out of which he was also receiving income. The respondent had claimed Rs.50,000/- per month as maintenance. In the detailed affidavit filed by the respondent, she admitted that she is B.A., M.Ed. and was at present pursuing M.A.(Psychology), but she was not gainfully employed. It has further been testified that she was dependent on her retired father, who was supporting six dependents, including her mother, grand parents and other siblings. The Family Court awarded maintenance to the respondent @ 10,000/- per month. Litigation expenses to the tune of Rs.5,500/- was awarded.

(3.) Learned counsel for the appellant submits that the respondent is a welleducated person with independent source of income. While the appellant is an advocate, but he is not practising. It is also contended that although the appellant is enrolled with the Bar Council of Delhi since 2005, he had been attending Court only for learning till November, 2011 and he was working in the office of one of his relatives. He was not earning and he continued his studies as a student of M.A. Political Science from IGNOU and thereafter LLM from Kurukshetra University and at present he is full time Ph.D. student at Mewar University since 2012 and all the expenses are being met by his mother. With respect to 3.3 acres of land, it is explained that it is divided into many small portions between his family members.