SADHANA PUNDIR Vs. RANJEET PRATAP SINGH

JUDGEMENT

(1.) This petition has been filed for quashing the orders dated 1.5.2009 and 17.10.2008 passed by Additional Chief Judicial Magistrate VIII, Aligarh, as well as for enhancement of amount of maintenance Rs. 10,000/- per month.

(2.) Under the order impugned, the husband who has initiated the proceedings for divorce under Section 13 of the Hindu Marriage Act has been directed to make payment of maintenance at the rate of Rs. 2500/- per month from the date of the order which was passed on 17.10.2008. The application made by the wife for compensation from the date of the application, has been rejected under the order dated 1.5.2009 and it has been held that since the wife is prolonging the proceedings of the divorce petition, she cannot claim maintenance from the date of filing of application for maintenance.

(3.) Counsel for the petitioner contended that out of wedlock between husband and wife a girl child was born. A sum of Rs. 2500/- per month is too meagre an amount to maintain herself and the child. It has been brought to the notice of the Court that the husband is employed as Station Master in Indian Railways at present and his salary is about 17,000/- per month. It is therefore contended that the husband should at least be asked to pay one third of the total salary towards the maintenance of the wife and child. He further states that the maintenance had to be granted by the Court from the date of making of the application and for the purpose he placed reliance upon the judgement of this Court in the case of Smt. Rachna Sharma v. Chandra Mohan Sharma and others, 1984 AIR(All) 302.