(1.) Arguments in this case were heard on 30.10.2013 and the case was posted for today for orders.
(2.) Instant revision petition under Article 227 of the Constitution of India at the instance of the petitioner-husband is directed against the order dated 24.01.2013 passed by learned District Judge, Family Court, Ambala, whereby the application moved by respondent-wife for maintenance pendente lite to maintain herself besides a school going child, has been allowed and the maintenance at the rate of Rs. 5,000/- per month towards maintenance pendente lite from the date of application and Rs. 7,500/- towards litigation expenses, including counsel fee, has been awarded. It has been specifically mentioned in the order that this amount will be adjustable with the amount granted as interim maintenance in petition under Section 125 Cr.P.C. Brief facts of the case are that marriage between petitioner and respondent was solemnized on 22.04.2004. After the marriage, petitioner and respondent started residing at Delhi as husband and wife and from the wedlock a daughter, namely, Gosmi was born on 24.12.2006 at Ambala City. It is alleged that respondent again conceived a child and thereafter misunderstanding appears to have arisen between the parties. As per the allegations of the respondent, petitioner and his family started harassing the respondent. As a result of misunderstanding, respondent along with the child left the matrimonial home of the petitioner and started residing with her parents. Thereafter the respondent filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the HMA') in the Court of District Judge, Family Court, Ambala. Along with the petition an application under Section 24 of the HMA was filed. The petitioner appeared and filed reply to the said application. It is pertinent to mention here that petitioner is B.Com, MBA and respondent is M.Com, MBA (PGDBM).
(3.) Petitioner was working in Choice Solutions (P) Ltd. at Gurgaon and was drawing a handsome salary of Rs. 35,000/- per month in the year 2006, which has allegedly increased substantially with the passage of time. In the application under Section 24 of the HMA, respondent has pleaded that she has to maintain herself and her minor daughter and prayed for grant of maintenance pendente lite at the rate of Rs. 15,000/- per month besides litigation expenses to the tune of Rs. 22,000/-. In reply to the said application, petitioner pleaded that the application is not maintainable as respondent-wife is getting entire maintenance for herself and the child under Section 125 Cr.P.C. She is a well-educated and is alleged to be working with Ashirwaad Institute, Chandigarh, prior to marriage and allegedly even now imparting tuition and earning enough to maintain herself and prayed that application should be dismissed. The Family Court, after considering the material on record has come to the conclusion that the respondent-wife and minor daughter are residing together at Ambala and awarded maintenance pendente lite as well as litigation expenses as aforesaid. It has also been ordered that maintenance awarded under Section 125 Cr.P.C. should be adjusted.