RENU GIRI Vs. INDRADEO GIRI

JUDGEMENT

(1.) IA No.5216/06 under section 24 of the Hindu Marriage Act for maintenance pendente lite and litigation expenses.

(2.) BY this application, appellant has sought a direction to the respondent to pay maintenance pendente lite and litigation expenses to the appellant. This application was filed long back and on 19.11.2008, respondent accepted notice of this application and sought time to file reply. On 22.6.2009, again time was prayed by the respondent which was allowed by way of last opportunity, but till date no reply of the application has been filed. From the perusal of the application, we find that the appellant stated on oath that respondent is an employee of Northern Coalfield Limited and is getting salary of Rs. 15,000/- per month. On the basis of the aforesaid, appellant has prayed for litigation expenses at Rs. 10,000/- and maintenance pendente lite at the rate of Rs.5,000/- per month.

(3.) CONSIDERING total facts and circumstances of the case, we find it appropriate to allow litigation expenses to the extent of Rs.3,000/- to the appellant payable by the respondent within a period of 30 days from today. So far as maintenance pendente lite is concerned, considering the salary of the respondent, we find that the appellant is entitled for maintenance pendente lite at the rate of Rs.3,000/- per month from today. However, for the period from the date of application i.e. 18.5.2006 till date, appellant shall be entitled for maintenance pendente lite at the rate of Rs. 2,000/- per month. All the arrears of the maintenance, pendente lite, shall be paid by the respondent within a period of three months in three equal instalments payable on or before 10th of every English calendar month. So far as current maintenance, pendente lite, is concerned, it shall be payable by the respondent or before 10th of every English Calendar month. IA No.5126/06 is disposed of.