SONALKUMARI DEEPAK GOSWAMI Vs. DEEPAK KHIMBHARTI GOSWAMI

JUDGEMENT

(1.) Heard learned advocate Mr.Maunish T.Pathak for the petitioner and learned advocate Mr.J.K.Parmar for the respondent.

(2.) The petitioner herein is the applicant and respondent is opponent before the Court of Principal Civil Judge, at Bhuj in Matrimonial Case No.58 of 2012 preferred by the present petitioner for divorce. Thereby, it is clear that petitioner is wife; whereas respondent is husband and therefore, for the sake of brevity, they are referred in the same capacity herein after.

(3.) As aforesaid, wife has filed a petition to get divorce from the husband and also prayed for Rs.4 Lacs towards Stridhan, so also 50% share from the property of her husband and Rs.15,000/ - towards monthly maintenance. With such suit, wife has also filed an application for maintenance pendente lite at Exh.5 wherein she has claimed that husband is serving as Asst.Manager in a big private firm and getting monthly salary of Rs.50,000/ - and that he has no other liability or responsibility. Therefore, she is entitled to Rs.15,000/ - as monthly maintenance. Such application is filed on 16.8.2012. The trial Court has, by impugned order dated 24.6.2013 though allowed such application, fixed the monthly amount of maintenance as Rs.1,000/ - only. Therefore, wife has challenged such order for enhancement of monthly maintenance, which would certainly be pendente lite i.e. pending H.M.P. No.58 of 2012 i.e. main suit for divorce.