SIDDHARTH SHARMA Vs. NEHA SHARMA

JUDGEMENT

(1.) THIS is an appeal of the appellant/husband challenging the judgment and order dated 5.5.2009, passed by the concerned family court, Meerut by which interim alimony has been awarded in favour of the wife for a sum of Rs. 7,500 per month and other sums for son and daughter were awarded Rs. 5,000 each with the direction that the same will be deposited with the Court alongwith the legal expenses. The allegation of the appellant is that the wife is a working woman having qualification of M.B.A., therefore, maintenance pendente lite and expenses of proceedings under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred as the Act) are not applicable in this case. On the other hand, it has been contended by the wife that she was working in the office of sister of the husband and because of bad relationship with his husband she is no more in the service. She has further submitted that at the time of working she worked as trainee.

(2.) IN any event, since the parties to have the earlier disposal of the proceedings and till such time the amount can be directed to be released, we dispose of the appeal with a direction that the main proceedings under Section 13 of the Act will be completed within a period of two months from this date so that payment of interim alimony can be restricted for such period and further payment, if any, will be subject to final decision in the proceeding under Section 13 of the Act. A further direction has been given by the Court for payment of alimony towards children. Under Section 24 of the Act maintenance pendente lite is restricted only between the husband and the wife. But as we find the law prescribes that sufficiency can also be made "for her or his support", which may include children, therefore, we do not find that by passing such order of deposit a sum in the bank in their name, the Court has committed such a gross mistake which can be interfered with. However, for the sake of clarification, we are of the view that whenever the Court will pass such order, it will be the duty of such Court to take into account such legal aspect without being swayed with any extra sympathy. No order is passed as to costs.