MANDEEP KAUR Vs. DARSHAN DASS

JUDGEMENT

(1.) Petitioner Mandeep Kaur has filed the present civil revision petition under Article 227 of the Constitution of India impugning the order dated 08.11.2017 passed by learned Additional District Judge, Sangrur, whereby the respondent-husband has been directed to pay Rs. 4,000/- per month to the petitioner-wife in an application filed by the petitioner under section 24 of the Hindu Marriage Act, 1955 (for short, the Act). The petitioner, therefore, has sought enhancement of maintenance so awarded by the trial Court under Section 24 of the Act.

(2.) Briefly stated, the petition under Section 13 of the Act for dissolution of the marriage by way of a decree of divorce has been filed by the petitioner-wife. While the aforesaid petition was pending before the matrimonial Court, the petitioner-wife had moved an application under Section 24 of the Act claiming pendent lite maintenance @ Rs. 20,000/- per month along with litigation expenses of Rs. 20,000/-. However, taking into consideration the income of respondent-husband, the Court had allowed maintenance @ Rs. 4,000/- per month from the date of application to the petitioner and her children. In addition to the aforesaid amount of maintenance, litigation expenses of Rs. 5,000/- have also been awarded to the petitioner.

(3.) Learned counsel for the petitioner has argued that the petitioner is a house-wife and has no source of income. She has no landed property in her name and at present, she is residing at her parental home. She is duty bound to maintain her children, whereas the respondent-husband is an able bodied person and he is legally bound to maintain the petitioner-wife and children. Apart from being an electrician, the respondent is possessing land, sells milk and is earning a handsome amount of about Rs. 50,000/- per month. Therefore, the claimed maintenance and litigation expenses in the application under Section 24 of the Act were liable to be allowed, but the trial Court has awarded only a meagre amount.