RAJWANT KAUR Vs. JAGDEEP SINGH

JUDGEMENT

(1.) The present petition, by invoking Article 226 of the Constitution of India, has been filed for modification of order dated 26.11.2012 (Annexure P -1) passed by the Civil Judge (Junior Division), Ludhiana (incorrectly mentioned as Judicial Magistrate Ist Class, Ludhiana in the order) whereby the petitioner has been allowed maintenance pendente lite @ Rs.5,000/ - per month.

(2.) The respondent -husband filed a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'HMA') seeking restitution of conjugal rights. The petitioner/respondent filed an application for grant of maintenance that has been allowed by the Court below and she has been awarded maintenance pendente lite @ Rs.5,000/ - per month and litigation expenses to the tune of Rs.2,000/ -.

(3.) Counsel for the petitioner would contend that the maintenance assessed by the Court is on lower side, in view of needs of the petitioner, the minor son of the parties born on 23.04.2001 and salary of the respondent -husband when otherwise the wife is entitled to enjoy the same amenities of life as she would have had she been residing in the matrimonial home. It is further argued that by taking into consideration salary of the petitioner and that of the respondent in December, 2012 depicted in Annexure P -2, maintenance assessed by the Court requires enhancement.