ATUL TRAGHOTIA Vs. MANISHA

JUDGEMENT

(1.) PETITIONER /husband has filed the instant revision petition under Article 227 of the Constitution of India for setting aside the order dated 11.12.2010 (P1) passed by the learned Additional District Judge, Ambala, whereby the Petitioner has been directed to pay a sum of Rs. 1400/ -per month as maintenance pendent lite to the Respondent wife besides Rs. 11,000/. -as litigation expenses.

(2.) IT is submitted by the learned Counsel that the Petitioner is working as an Attendant in Bharti Wal Mart,Zirakpur and is drawing Rs. 4200/ -per month. It is further submitted that the Petitioner is to look after his widowed mother, one unmarried sister and one brother and as such the maintenance pendent lite/litigation expenses granted are on higher side. It is further submitted that Respondent wife is gainfully employed and hence financially independent.

(3.) WHILE granting the maintenance pendent lite the learned Additional District Judge has taken into consideration the salary certificate of Petitioner -husband, according to which he was getting monthly salary of Rs. 4200/ -per month. Further the learned Additional District Judge has noticed that Petitioner husband has not produced any document to show that the wife was gainfully employed and thus financially independent.