PAWAN Vs. AARADHANA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is at the instance of husband challenging the order of trial Court dated 28-11-2013, whereby the trial Court has granted a sum of Rs. 4,000/- p.m. as maintenance pendente lite and has awarded the lump sum litigation expenses of Rs. 3,000/- and further sum of Rs. 150 as transportation charge and ancillary expenses for attending the Court proceeding on each date. In brief, the respondent has filed the suit for divorce in which she had filed an application under section 24 of Hindu Marriage Act which has been allowed by the trial Court by the impugned order.

(2.) Learned counsel for the petitioner submits that the trial Court has committed an error in awarding a sum of Rs. 4,000/- per month ignoring that the respondent has independent source of income. He further submits that the petitioner is ready to keep the respondent and that the trial Court ought to have awarded the maintenance amount from the date of order and not from the date of application.

(3.) Learned counsel for respondent has submitted that the respondent is a housewife and has no source of income. He further submits that the trial Court has rightly awarded a sum of Rs. 4,000/- p.m. keeping in view the entire circumstances of the case and that the respondent is entitled for amount from the date of application.