PRIYANKA SRIVASTAVA Vs. VIPIN BIHARI LAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 05.10.2018 passed by Additional Family Judge/F.T.C. Family Court, Ballia in Divorce Petition No. 55 of 2013 (Vipin Bihari Lal Vs. Priyanka Srivastava) whereby the application of the appellant under Section 24 of the Hindu Marriage Act was rejected.

(2.) The brief facts are that the appellant/opposite party filed application 66-C and 69-C for interim maintenance stating that she has no source of income and she has 12 year-old school going son. She has also stated that the respondent/applicant deserted her on account of non-fulfilment of dowry demand. She has also filed an application for maintenance under Section 125 Cr.P.C. In Misc. Case No. 25/1990 in which she was awarded interim maintenance of Rs. 3,000/- per month by order dated 05.12.2012 passed by Family Court, Sasaram, Bihar. The same is not being regularly paid by the respondent. The respondent is earning Rs. 81,056/- per month as per his pay slip filed by the appellant and she has demanded at least 1/3rd of the total salary by way of maintenance and she has also demanded enhancement of litigation expenses from Rs. 1000/- to Rs. 2000/-. By application 69-C filed on 07.12.2017 the appellant also pointed out before the learned Court below that Hon'ble High Court passed an order dated 10.08.2017 for recovery of maintenance pending the petition along with the litigation expenses.

(3.) Against the application the respondent/applicant filed objection stating that he has filed the divorce petition and the respondent want to anyhow delay the disposal. Appellant filed an application under Section 24 of Hindu Marriage Act which was disposed of on merit on 20.12.2014 and she was provided Rs. 1000/- litigation expense and against that order she did not file any appeal etc. That order became final and, therefore, second application is not maintainable.