HARMESH Vs. SONIA

JUDGEMENT

(1.) Husband Harmesh has filed this revision petition under Article 227 of the Constitution of India assailing order dated 20.8.2011 (Annexure P-3), passed by learned Additional District Judge, Karnal, thereby granting maintenance pendente lite @ Rs. 3,000 per month and litigation expenses of Rs. 4,000 to the respondent-wife Smt. Sonia, on her application under Section 24 of the Hindu Marriage Act, 1955 (in short--the Act). Respondent-wife has filed divorce petition under Section 13 of the Act against petitioner-husband. During pendency of the divorce petition, wife moved application under Section 24 of the Act claiming maintenance pendente lite and litigation expenses alleging she has no source of income, whereas the husband is earning Rs. 12,000 per month as salary being Government employee in Punjab Police and also doing business of manufacture and sale of Desi medicines and thereby earning Rs. 10,000 per month. The respondent-husband, in his reply, denied the averments of the petitioner-wife. However, the respondent did not allege as to what was his income or occupation. In the additional affidavit filed in this Court, the husband alleged that as Class-IV employee, he was getting Rs. 3,000 per month, but his said service has been terminated on 6.9.2008. His father has also died and he has to maintain his widowed mother also. I have heard learned Counsel for the parties and perused the case file.

(2.) Learned Counsel for the petitioner contends that interim maintenance @ Rs. 3,000 per month is highly excessive. On the other hand, Counsel for the respondent-wife contended that in view of rising prices of daily necessities, interim maintenance awarded by the Courts below is rather inadequate and not excessive. I have carefully considered the rival contentions. Respondent-wife was granted interim maintenance under Section 125 of the Code of Criminal Procedure (in short - Cr. P.C.) @ Rs. 800 per month by Magistrate which was enhanced to Rs. 1,600 per month by Revisional Court. Counsel for the respondent contended that even the said maintenance is not being paid by the husband. In the instant case, learned Additional District Judge tentatively assessed the income of the husband to be Rs. 1,600 per month. Keeping in view the same, interim maintenance @ Rs. 3,000 per month appears to be excessive. The same needs some reduction and moderation. However, interim maintenance @ Rs. 6,000 per month in proceedings under Section 125, Cr. P.C. also appears to be inadequate. Balance has to be struck. In my opinion, ends of justice would be met, if the husband is directed to pay Rs. 2,400 per month as interim maintenance in the divorce petition along with Rs. 4,000 as litigation expenses, as awarded by the lower Court in the impugned order, and the aforesaid amount of interim maintenance would include the amount of interim maintenance paid in proceedings under Section 125, Cr. P.C. It is ordered accordingly. With modification in the impugned order as aforesaid, the revision petition stands disposed of accordingly. The petitioner-husband shall pay the interim maintenance so awarded regularly to the respondent- wife including arrears.