NEERAJ BHARDWAJ Vs. SAVITA BHARDWAJ

JUDGEMENT

(1.) Aspiring to get a decree of divorce from his wife, the appellanthusband preferred a petition under Section 13 of the Hindu Marriage Act which has been dismissed by the District Judge, Family Court, Gurgaon. Aggrieved by the said order, the appellant-husband has preferred this appeal.

(2.) During pendency of the appeal, the respondent-wife has filed an application under Section 24 of the Hindu Marriage Act claiming that she is unable to earn whereas the appellant-husband is serving as Implement Engineer in Kutons Company, Gurgaon and had been getting salary of Rs.28,000/- per month. He also owns a house in Chandigarh in the name of his mother and a three storey house having basement in Gurgaon. He is alleged to have rental income of Rs. 1 lac per month. It is averred that his father is a Govt. employee posted as Section Officer in Army HQ Railway, New Delhi. As such, the respondent-wife claims maintenance pendente lite @ Rs.25,000/- besides litigation expenses.

(3.) Application has been opposed by the appellant-husband by filing a detailed reply to the effect that he is at present unemployed and that he is paying a sum of Rs.10,000/- to the respondent-wife as well as daughter in proceedings under Section 125 Cr.P.C. It has also been alleged that a sum of Rs.7000/- per month has been ordered as financial help in proceedings under the Protection of Women from Domestic Violence Act.