SUDHIR CHANDNA Vs. ANJU BAJAJ CHANDNA

JUDGEMENT

(1.) Applications are allowed subject to all just exceptions.

(2.) These revision petitions i.e. 2767 and 2768 of 2010 have arisen out of an order dated 10.3.2010 passed by the District Judge, Rohtak, on an application under Section 24 of the Hindu Marriage Act, 1955 (hereafter referred to as the 'Act') filed by the respondent-wife claiming maintenance pendente lite for the children from the petitioner-husband and a counter claim filed by the petitioner-husband against the respondent-wife claiming maintenance from her.

(3.) As per the averments, the petitioner-husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 on 8.4.2004 for dissolution of marriage by a decree of divorce. Respondent-wife filed an application on 2.7.2004 under Section 24 of the Act, inter alia, stating therein that the petitioner-husband was working as a Scientist and his gross salary was Rs. 25,000/- approximately. Both the children of the parties were living with her and she alone was maintaining, educating and bringing them up out of her own income/resources. It was further pleaded that the petitioner-husband was contributing a sum of Rs. 5,000/- per month as per the orders passed by the Delhi High Court whereas the expenses of the children come to Rs. 18,455/- per month as per her affidavit dated 19.10.2002 submitted in the maintenance case. The above expenses have escalated since then, due to inflation and ever rising costs of education and living. The amount of Rs. 5,000/- was ordered in May, 2001 and since then, there was no enhancement to it. It was further submitted that the gross salary of the respondent was Rs. 24,301/- per month (at the time of filing of the application i.e. July, 2004) and she was not having sufficient income to meet the expenses of present litigation and also for proper maintenance and up bringing of both the children. Accordingly, it was prayed that the petitioner be directed to pay the maintenance of the above said expenses of proceedings and also sufficient amount towards maintenance pendente lite for the children.