(1.) This is an appeal filed by the appellant-husband challenging the order dated 21.3.2014 passed on an application filed by the respondent-wife under Section 24 of the Hindu Marriage Act whereby maintenance pendente lite of a sum of Rs. 32,000/- per month has been awarded towards the maintenance of his wife and minor child.? Besides this, a sum of Rs. 7,000/- towards expenses has also been awarded.? The suit was filed by the appellant for divorce under Section 13 of Hindu Marriage Act in which the said application was filed by the respondent-wife.
(2.) We have heard Sri M.D. Singh Shekhar, learned Senior Counsel along with Sri R.D. Tiwari-learned counsel appearing on behalf of the appellant and Ms. Rajni Ojha along with Sri R.N. Chaubey-learned counsel appearing for the respondent and have perused the record.
(3.) Submission of the learned counsel for the appellant is that once the interim maintenance of Rs. 25,000/- per month had been fixed by this Court vide order dated 20.12.2013 passed in First Appeal No. 466 of 2013 arising out of a Petition filed by the respondent-wife under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Right, the enhancement of such maintenance amount to Rs. 32,000/- per month would not be justified.? It is also submitted by the learned counsel for the appellant that though the salary certificate was filed by the appellant himself showing the total earnings of the appellant to be Rs. 1,26,461/- and after deduction of provident fund and income tax etc., take home salary to be 90,389/-, but the court below has not taken into account the other expenses and investments which the appellant has to make every month, details of which have been given in para-10 of the affidavit filed in support of the stay application. He has further submitted that in para-9 of the objections filed by the appellant in response to the application for maintenance filed by the respondent-wife before the trial court, the appellant had specifically stated that he has to spend money towards maintenance of his parents, who remain ill and their medical expenses is also to be given by the appellant. In the said paragraph, it has also been stated that the appellant has to spend some amount in travelling for attending various cases filed by the respondent-wife in Kanpur District Court. He thus, stated that without taking these expenses into account the amount of maintenance pendente lite of Rs. 32,000/- has been fixed, which is wholly unjustified.