AMIT KAPOOR Vs. PALKI & ANOTHER

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India, order dated 27.03.2012 Annexure P-5 passed by learned Additional District Judge, Ludhiana is under challenge. Petitioner-husband has filed divorce petition under Section 13 of the Hindu Marriage Act, 1955 (in short, the 'Act') against his wife Palkirespondent No.1 herein. During pendency of the said divorce petition, the wife of petitioner as well as minor son of the parties Master Raunak @ Yogesh Kapoor (respondent No.2 herein) jointly filed application (Annexure P-3) under Sections 24 and 26 of the Act claiming maintenance pendente lite and litigation expenses. They alleged that they have no source of income whereas the husband was having income of Rs. 80,000/- per month from different sources.

(2.) Petitioner-husband in his reply Annexure P-4 alleged that the petitioner and respondent No.1-wife had effected compromise dated 06.08.2010 Annexure P-1 according to which all claims of the wife were settled and she also took away her dowry articles and both the parties were to file petition for divorce by mutual consent under Section 13 B of the Act and therefore, the wife and the minor son are not entitled to any maintenance.

(3.) Learned trial Court vide impugned order Annexure P-5 has awarded maintenance @ Rs. 2500/- per month each to the wife and minor son payable by the husband-petitioner, besides litigation expenses of Rs. 3,000/-. Feeling aggrieved, husband has filed this revision petition to assail the said order.