LAWS(P&H)-2012-12-280

AMARJIT Vs. PARAMJIT KAUR

Decided On December 04, 2012
AMARJIT Appellant
V/S
PARAMJIT KAUR Respondents

JUDGEMENT

(1.) By filing this revision petition under Article 227 of the Constitution of India, husband Amarjit has assailed order dated 4.8.2010, Annexure P/1 passed by learned District Judge thereby directing the husband to pay Rs. 3000/- per month as maintenance pendente lite and Rs. 5000/- as litigation expenses to the respondent-wife Paramjit Kaur on her application filed under section 24 of the Hindu Marriage Act, 1955 (in short, the Act) claiming maintenance pendente lite and litigation expenses. Respondent-wife has filed divorce petition under section 13 of the Act against petitioner-husband. The wife in her application under section 24 of the Act alleged that she has no source of income whereas the husband is earning Rs. 35,000/- per month and is having good health.

(2.) The husband in his reply broadly denied the averments of the wife. It was pleaded that the wife is getting huge amount from his brothers living in Canada and is also herself running sewing centre and thereby earning Rs. 12,000/- per month. Husband denied his income of Rs. 35,000/- per month. The husband alleged that earlier he worked as stunt artist at Mumbai where his right shoulder was fractured and now he is unable to do any job. The husband also alleged that he is ready and willing to keep the wife and children with him and also to maintain them.

(3.) Learned trial court vide impugned order Annexure P/1 granted interim maintenance and litigation expenses as mentioned hereinbefore.