KAJAL Vs. GURINDER SINGH

JUDGEMENT

(1.) Kajal has filed this revision petition under Article 227 of the Constitution of India against her husband Gurinder Singh - respondent for enhancement of maintenance pendente lite granted to her by learned Additional District Judge (Ad hoc), Fast Track Court, Amritsar, vide order dated 23.11.2010 (Annexure P-4). Respondent-husband has filed divorce petition under Section 13 of the Hindu Marriage Act, 1955 (in short - the Act) against petitioner-wife. During pendency of the said divorce petition, wife filed application under Section 24 and 26 of the Act claiming maintenance for herself as well as for a minor son and a minor daughter of the parties, residing with the wife and also claiming litigation expenses. Wife alleged that she has no source of income. Both the minor children are school-going, studying in ninth and seventh standard. The husband has income of more than Rs. 40,000/- per month, running business of goldsmith and selling gold ornaments.

(2.) The husband alleged that he has been turned out of the joint house of the parties and is residing in rented accommodation @ Rs. 1,000/- per month rent. It was alleged that the wife herself is income tax assesse. The husband, however, did not state as to how much income he was having.

(3.) Learned trial court, vide impugned order (Annexure P-4) held that minor children are not entitled to maintenance pendente lite under Section 24 of the Act. Income of the husband was found to be Rs. 10,000/- per month in view of his income tax return for the year 2008-09 depicting income of Rs. 1,19,000/- for a year. Accordingly, trial court directed the husband to pay Rs. 3,000/- per month as maintenance pendente lite to the wife from the date of application and also to pay her Rs. 5,000/- as litigation expenses. Feeling aggrieved, wife has filed this revision petition for enhancement of the maintenance pendente lite.