JASWANT SINGH CHEEMA Vs. AVTAR KAUR

JUDGEMENT

(1.) In a petition preferred by the husband against the wife under Section 13 of Hindu Marriage Act (hereinafter referred to as the Act) for dissolution of marriage by way of decree of divorce an application under Section 24 of the Act was filed by the wife and she has been granted maintenance pendente lite @ Rs.8,000/- per month from the date of filing of application till disposal of the divorce petition. Litigation expenses of Rs.5,000/- have also been allowed in addition.

(2.) This order has been impugned by the husband claiming that the wife had left the matrimonial home on her own accord and thus is not entitled to any maintenance. It is also claimed that the petitioner-husband is a heart patient and cannot earn more than Rs.10,000/- per month and thus is unable to pay the maintenance awarded by the trial Court.

(3.) While making application under Section 24 of the Act, the wife had made specific allegations that the husband was earning more than Rs.2 lakhs per month as he was settled in New York and was also earning Rs.50,000/- per month from lease of land measuring 10 killas owned by him.