KULDEEP Vs. SUMAN

JUDGEMENT

(1.) During the pendency of the petition under Section 13 of the Hindu Marriage Act, 1955 (for short, the Act) pursuant to an application under Section 24 of the Act for seeking maintenance by the wife, the petitioner-husband was ordered by the trial court to pay a sum of Rs.2,500/- per month as interim maintenance with litigation expenses of Rs.11,000/-. Despite several opportunities granted to the petitioner-husband to pay the maintenance amount, he continued whiling away the time and did not make any payment towards arrears of maintenance allowance to the respondentwife. Even when last opportunity was granted to clear the arrears, he did not do so. Sequelly, on non-payment of the maintenance amount to the wife, his defence was struck off vide impugned order of 16.7.2013 of the trial court.

(2.) Challenging the said order in this revision petition, claim of the husband, petitioner herein, is that the order is bad in law as it did not correctly take into account the income of the petitioner-husband as also his responsibilities. It is claimed that the application for modification of the amount of maintenance and litigation charges was pending. It is also claimed that since the respondent-wife has already re-married with one Narender at Panipat on 7.2.2011, she was not entitled for any maintenance amount.

(3.) Hearing has been provided.