SANJIV VOHRA Vs. RITU

JUDGEMENT

(1.) HEARD learned counsel for the parties on the application for grant of maintenance pendente lite.

(2.) THE appellant -husband has filed the present appeal against the judgment and decree dated 05.9.2011 passed by the learned Additional District Judge (Ad hoc), Fast Track Court -II, Hoshiarpur in terms of which the petition under Section 13 of the Hindu Marriage Act, 1955 ('Act' for short) filed by the appellant has been dismissed.

(3.) NOTICE in the appeal was issued by this Court on 23.9.2011. After notice, the respondent -wife has filed the present application on 10.2.2012 for grant of maintenance pendente lite. It is submitted on behalf of the respondent -wife that in the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the learned Judicial Magistrate Ist Class vide order dated 31.3.2008 directed the appellant -husband to pay Rs.5000/ - per month for maintenance and also directed him to make arrangement for accommodation of the respondent -wife and if he was unable to make alternative arrangement of accommodation for the respondent -wife, then he was to pay Rs.2000/ - per month in addition to Rs.5000/ -. The order of the learned Magistrate was assailed in this Court by way of criminal misc. application No.11014 -M of 2008 and by order dated 2.5.2008, it was ordered that if the appellant -husband continued to pay Rs.2000/ - per month to the respondent -wife, operation of the impugned order dated 31.3.2008 shall remain stayed. The said amount of Rs.2000/ - is admittedly being paid. The matter was also referred to the Mediation and Conciliation Centre. However, the mediation proceedings remained unsuccessful.