MANEESH MITTAL Vs. BRIJ BALA

JUDGEMENT

(1.) The petitioners in both the petitions are impugning the order dated 03.12.2014 passed by Special Court, Chandigarh, by virtue of which the order dated 02.01.2013 passed by the Judicial Magistrate Ist Class, Chandigarh was modified and the amount fixed as interim maintenance @ Rs.15000/- per month each to the wife and son and Rs.20,000/- as rent was enhanced to Rs.25000/- each and Rs.30,000/- as rent. The Magistrate awarded the interim maintenance from the date of order, but the revisional Court directed to pay it from the date of the application.

(2.) By filing Crl. Misc. No.M-1450 of 2015, petitioner Maneesh Mittal has questioned the enhancement made by the revisional Court and by filing Crl. Misc. No.M-3340 of 2015, petitioner Brij Bala has sought further enhancement of the amount of interim maintenance and rent, besides providing a chauffer driven car.

(3.) The facts which are not in dispute are that Maneesh Mittal was married to Brij Bala on 17.01.2000 and son Archit Mittal and daughter Aarshaya were born. The husband filed a petition seeking divorce on the ground of cruelty. In that petition, the wife filed an application under Section 24 of the Hindu Marriage Act and a sum of Rs.50,000/- was fixed as maintenance and Rs.50,000/- were awarded as litigation expenses on 19.05.2012. Both the parties filed separate revisions against the said order, which were dismissed by this Court on 18.10.2012. SLP filed by the wife against the order of this Court was dismissed by the Hon'ble Apex Court on 21.1.2013. Meanwhile, the divorce petition was allowed by the Court below vide judgment dated 30.10.2012 and the order granting divorce has been upheld by this Court vide order dated 17.02.2016.