HIMANSHU Vs. HEMA

JUDGEMENT

(1.) Himanshu has filed this revision petition under Article 227 of the Constitution of India impugning order dated 21.02.2012 Annexure P-4 passed by learned District Judge, Jalandhar. Petitioner has filed divorce petition under Section 13 of the Hindu Marriage Act 1955 (in short, the Act) against his wife Hema-respondent. During pendency of the divorce petition, respondent-wife moved application under Section 24 of the Act seeking maintenance pendente lite for herself and minor daughter of the parties residing with the wife and also seeking litigation expenses. The wife alleged that the husband and his father and brother are running a family owned factory in Delhi earning Rs. 1,50,000/- per month and thus share of the husband is Rs. 50,000/- per month whereas the wife herself has no source of income.

(2.) The husband in his reply denied the averments of the wife and pleaded that he was doing private work hardly earning Rs. 4,000/- to Rs. 6,000/- per month and was residing in rented accommodation. It was also pleaded that wife herself was earning Rs. 15,000/- per month by stitching work.

(3.) Learned District Judge vide impugned order Annexure P-4 directed the husband to pay Rs. 8,000/- per month as maintenance pendente lite to the respondent-wife for herself and the minor child. Feeling aggrieved, husband has filed this revision petition.