PARVEEN KUMAR Vs. SONIA

JUDGEMENT

(1.) In a petition for dissolution of marriage by way of decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) filed by the husband on an application under Section 24 of the Act moved by the wife, she had been allowed interim maintenance during pendency of the petition @ Rs.12,000/- per month with litigation expenses of Rs.2,000/-. Maintenance amount is meant for the wife as well as for her two minor children for their studies, one of whom is allegedly in dire need of medical support as well being handicapped. She has no source of income and is being given free legal aid and thus litigation expenses only to the extent of Rs.2,000/- have been allowed.

(2.) In this revision petition, the husband impugning the said order of 10.7.2014 of the lower Court claims that the wife is living in adultery and thus is not entitled for any maintenance. It is also claimed that the petitioner-husband is in private employment and is not earning that much to pay the ordered amount of maintenance.

(3.) Respondent-wife in her application under Section 24 of the Act had claimed income of the husband to be Rs.60,000/- per month from the business of grocery and confectionery shop at Mohali. She had claimed Rs.30,000/- per month as maintenance for herself and for her two minor sons. Claim of the husband in reply to the said application is that he was earning only Rs.12,000/- per month and was engaged in a private job. It was denied that he was having any income from any business.