AJAY GUPTA Vs. MEENAKSHI GUPTA

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CR No.4768 of 2014 titled as "Ajay Gupta Vs. Meenakshi Gupta" [for short 'Ist petition'] filed on 22.7.2014 against the order dated 3.7.2014 by which defence of the petitioner was struck off; and CR No.5582 of 2014 titled as "Ajay Gupta Vs. Meenakshi Gupta" [for short 'IInd petition'] filed on 11.8.2014 against the order dated 23.5.2014, allowing the application of respondent, filed under Section 24 of the Hindu Marriage Act, 1955 [for short 'the Act'], awarding maintenance pendente lite @ Rs. 55,000/- per month to the respondent and her two children and Rs. 25,000/- towards litigation expenses.

(2.) The Ist petition was ordered to be heard along with the IInd petition vide order dated 28.8.2014, therefore, the facts are being extracted from the IInd petition because the decision of the IInd petition is going to affect the decision of the Ist petition.

(3.) In brief, the petitioner-Ajay Gupta got married with the respondent-Meenakshi Gupta on 18.2.1990 at Chandigarh. Out of the said wedlock, they were blessed with two children, namely, Anand and Anchal. The petitioner is working in the Indian Oil Corporation and is posted at Panipat Refinery since May, 2011. He has his old widowed mother with him besides his wife and two children, who are at present residing in House No.2099, Sector 15C, Chandigarh. It is averred in the petition that behavior of the respondent-Meenakshi Gupta and his son was not good with his mother, who was turned out of the aforesaid house by them as a result thereof, she filed a petition under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and has been allowed occupation of one room near rear side of the bedroom and adjacent bathroom in the house in Sector 15C, Chandigarh. The petitioner has challenged that he has been denied entry by the respondent in the said house and even the entry to his mother has been allowed with the intervention of police. The petitioner had filed a petition for divorce against the respondent in the year 2013 in which she filed an application under Section 24 of the Act, which has been allowed by the learned Court below on 23.5.2014 granting maintenance @ Rs. 55,000/- per month from the date of filing of the application i.e. 25.10.2013 onwards besides litigation expenses to the tune of Rs. 25,000/-.