URVASHI AGGARWAL Vs. INDER PAUL

JUDGEMENT

(1.) Brief facts of the present case are that a marriage was solemnized between the parties on 11.11.1997 according to Hindu rites, customs and ceremonies at Delhi. Out of the said wedlock three children were born where one female child born on 11.10.1998 expired immediately while one male child born on 14.08.2000 and one female child born on 14.08.2002 are in care and custody of the wife.

(2.) Soon thereafter problems ensued between the parties and the husband filed a divorce petition U/s. 13 (i)(a) HMA vide. HMA No. 219/08/06. During the pendency of the divorce petition, the wife filed for maintenance under S. 24 and 26 of the HMA on 29.03.2006 seeking grant of maintenance interim pendent lite to the tune of Rs. 35,000/- per month and litigation expenses of Rs.22,000 for the maintenance of herself and her two minor children. The wife in her application further stated that the monthly expenses of both the children are more than Rs 5,000/- each.

(3.) The wife had alleged that the husband is employed in Airport Authority of India and earning Rs.20,000/- per month. Apart from this, he is doing business under the name and style of M/s Galaxy Financial Services. It was also alleged that he has movable properties and interest in family business from where he is earning approximately Rs.50,000/-. She claimed that she is herself earning Rs.8,200/- per month. She claimed maintenance at the rate of Rs.35,000 per month as she is earning Rs.8,400/-.