HANISH KUMAR Vs. DEEPIKA

JUDGEMENT

(1.) Challenge in the present revision petition filed by the husband under Article 227 of the Constitution of India is to the order dated 19.11.2014 (Annexure P-4) passed by the Additional District Judge, Bathinda vide which, the application under section 24 of the Hindu Marriage Act, 1955 (in short 'the Act') has been allowed. Vide the said order, sum of Rs. 3,000/- per month has been granted as maintenance pendente lite to the respondent-applicant and Rs. 1,000/- to the minor child.

(2.) The parties were married on 12.05.2013 at Bathinda according to Hindu Rites and from the wedlock, girl child namely Diya was born. The husband filed a petition under Section 13 of the Act on the ground of cruelty, in which, the application was filed by the respondent-wife under Section 24 of the Act that she has no independent source of income and not doing any work and unable to maintain herself. The child being 2-1/2 months old, required special diet and the husband was doing work in Nestle company and was drawing Rs. 12,000/- per month. He was also alleged to be getting rent of Rs. 4,000/- per month. Accordingly, sum of Rs. 5,000/- per month for both the applicants was claimed alongwith Rs. 22,000/- as litigation expenses.

(3.) The application was contested on the ground that the wife had sufficient income to maintain herself and child and she knew the work of knitting, sewing and was working in the beauty parlour and was earning between Rs. 8,000 to Rs. 10,000/- per month. It was averred that the husband could not properly concentrate on his work and has left the job and now is jobless and the wife was staying alongwith the brother.