SHAKSHI Vs. VIJAY KANT

JUDGEMENT

(1.) MR . Vijay Kant, respondent herein, who was married to Smt. Shakshi on 15. 11. 1987 at Karnal in accordance with the Hindu ritual filed a petition on 27th September 1994 praying for a decree of divorce Under Section 13 of the Hindu Marriage Act. The learned District Judge while declining to pass the decree for divorce passed a decree of judicial separation Under Section 10 (1) of the Hindu Marriage Act read with Section 13 (1) (i) (a) of the Act. It is this judgment which has been assailed by the appellant-wife in this first appeal which stood admitted on 13. 11. 1997 for regular hearing.

(2.) THE present application Under Section 24 of the Hindu Marriage Act been filed claiming maintenance and litigation expenses during the pendency of the appeal.

(3.) REPLY to this application has been filed by on behalf of the respondent-husband who has not disputed the fact that he is employed as alleged. However, it is submitted that a settlement was arrived at between the parties under which the respondent has to pay Rs. 400/- per month to the wife and Rs. 300/- per month to his minor daughter and on the basis of this compromise the petition filed by the wife earlier Under Section 125 Cr. P. C. was disposed of. It is also stated that the respondent is a handicapped person and has to incur various expenditure amounting to Rs. 1,000/- on house rent medical expenses and expenses Spent on rickshaw to go to his office etc.