REKHA Vs. PAWAN KUMAR

JUDGEMENT

(1.) Rekha and Master Yash have filed this revision petitioner under Article 227 of the Constitution of India for modification of order dated 19.02.2011 passed by learned District Judge, Narnaul. Respondent Pawan Kumar filed petition under Section 9 of the Hindu Marriage Act, 1955 (in short, the Act) against his wife Rekha-petitioner No. 1 herein. During pendency of the said petition, present petitioners filed application under Sections 24 and 26 of the Act claiming maintenance pendente lite and litigation expenses. Petitioner No. 2 is minor son of petitioner No. 1 and respondent. It was alleged that respondent-husband was having income of Rs. 50,000/- to Rs. 70,000/- per month from agricultural land, milk dairy and cement agency whereas the present petitioners have no source of income. The petitioners claimed maintenance of Rs. 20,000/- per month besides litigation expenses of Rs. 20,000/-.

(2.) The respondent-husband denied the averments of the petitioners and pleaded that he was unemployed and had no income whereas petitioner No. 1-wife was earning Rs. 10,000/- per month from tuition work.

(3.) Learned District Judge, Narnaul vide impugned order dated 19.02.2011 awarded maintenance pendente lite of Rs. 1,000/- per month to petitioner No. 1 and Rs. 500/- per month to petitioner No. 2 w.e.f. the date of application, besides litigation expenses of Rs. 1100/-. Feeling aggrieved, petitioners have filed this revision petition for enhancement of the amount of maintenance and litigation expenses.