LAWS(P&H)-2013-11-4

BHUPINDER SINGH Vs. JASBIR KAUR

Decided On November 07, 2013
BHUPINDER SINGH Appellant
V/S
JASBIR KAUR Respondents

JUDGEMENT

(1.) THE petitioner, herein, is the husband of respondent No.1, herein and father of respondent No.2, herein. He has filed a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent No.1, herein. During the pendency of divorce petition, respondent No.1 instituted an application under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite and expenses of proceedings. She averred in the application that they both require Rs.10,000/ - per month, as maintenance pendente lite and Rs.22,000/ - as expenses of the proceedings. She also averred that they have no source of income, while the petitioner, herein, has been serving in the Indian Army and is getting monthly salary of Rs.50,000/ -.

(2.) THIS application was opposed by the petitioner by filing written reply, thereto, averring, therein, that the applicant herself (now respondent No.1), has been earning Rs.8,000/ - per month from tailoring and embroidery work, while on the contrary, he (petitioner) is mere sepoy in the Indian Army and getting monthly salary of Rs.12,000/ -, out of which, he is to maintain his two sisters and a brother. Rest of the averments contained in the application were controverted and prayer for dismissal, thereof, was, thus, made.

(3.) AGGRIEVED against the same, the petitioner, who was respondent in the application under Section 24 of the Hindu Marriage Act has come up with this revision with prayer for acceptance, thereof, and for dismissal of application under Section 24 of the Hindu Marriage Act, that was filed by respondent No.1, herein, before the trial Court.