DEEPIKA Vs. JATIN CHAUDHARY

JUDGEMENT

(1.) INSTANT petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 06.09.2012 (Annexure P -3) passed by learned District Judge, Ludhiana whereby allegedly the petitioner has been granted inadequate amount towards maintenance pendente lite and litigation expenses in the proceedings under Section 24 of the Hindu Marriage Act, 1955. Briefly stated, the facts of the case are that the respondent -husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 (in short 'the Act') for dissolution of marriage between the parties by decree of divorce. The marriage of parties was solemnized on 21.05.2005 as per Hindu rites and customs. They lived together and consummated the marriage. From the marriage, a male child namely Kavya was born on 30.10.2007, who has been residing under the care, custody and guardianship of the petitioner. The petitioner was being turned out from her matrimonial home along with her child. The petitioner moved an application under Section 24 of the Act and sought Rs. 50,000/ - per month as pendente lite maintenance and Rs. 55,000/ - as litigation expenses from the respondent -husband which was decided by learned District Judge, Ludhiana vide impugned order (Annexure P -3) by awarding Rs. 15,000/ - per month to the petitioner and her child for their maintenance and Rs. 15,000/ - to the petitioner as one time litigation expenses, however, the petitioner claims that the same is inadequate and is on lower side and deserves to be enhanced. Hence, this petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) ON the other hand, the learned counsel for respondent vehemently opposed the contentions raised by the learned counsel for the petitioner and argued that the respondent has been drawing meagre salary of Rs. 20,000/ - and he has to look after his old aged parents, being their sole son.