SURINDER KAPOOR Vs. SANDHYA RANI

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 16.2.2000 passed by learned Additional District Judge, Ludhiana wherein the Court allowed application of the wife and the minor child under Section 24 of the Hindu Marriage Act and granted maintenance pendente lite at the rate of Rs. 600/- per month and also directed the husband to pay Rs. 3,000/- on account of litigation expenses.

(2.) ACCORDING to Sandhya Rani she was married to Surinder Kapoor as per Hindu rites and their marriage was solemnised on 12.4.1992 at Ambala. From this marriage of the parties, minor girl child namely, Meenu was born. She claimed that she was unable to maintain herself and the minor child. She has been forced to live separately from her husband along with minor child. The husband earns more than Rs. 10,000/- per month and Rs. 6,000/- from contract work and Rs. 4,000/- from rental income from landed property. The applicant claims that she has no movable or immovable property and thus prayed for grant of maintenance pendente lite at the rate of Rs. 4,000/- per month and Rs. 10,000/- as litigation expenses by filing an application under Section 24 of the Hindu Marriage Act in a petition filed by the husband for decree of nullity under Section 11 of the Hindu Marriage Act.

(3.) IN order to correctly appreciate the substance of these contentions, it is but necessary to note at the very outset that the husband has neither denied the factum of marriage nor the minor child Meenu being the legitimate child from this wedlock. The wife has also stated that she was married to one Kishan Lal earlier but had obtained divorce before the present marriage was solemnised on 1.12.1991.