RAJIV CHANANA Vs. GAURI CHANANA

JUDGEMENT

(1.) THE controversy between the warring couple is with regard to the validity or otherwise of the impugned order dated 4.4.2008 passed by the learned Additional District Judge, Panchkula directing the fixture of a sum of Rs. 70,000/- (Rs. 25,000/- for estranged wife, Rs. 20,000/- and Rs. 25,000/- for Utkarsh and Nishkarsh respectively who are concededly siblings of each other and were born to the respondent-wife from the loins of the petitionerhusband) as maintenance pendente-lite.

(2.) THE amount was ordered to be payable with effect from 1.12.2007. While quantifying the amount aforementioned, the learned Trial Judge also observed that the amount awarded in the proceedings under Section 125 Cr.P.C. would be inclusive of this amount. In the course of the application itself, the respondent had made an averment that she would withdraw the plea under Section 125 Cr.P.C in case maintenance pendente-lite comes to be awarded by the learned Trial Court in the proceedings under Section 24 of the Hindu Marriage Act ( hereinafter referred to as "the Act").

(3.) WHILE averring that she has no means of sustenance for self and her two minor sons, she conceded that interim maintenance at the rate of Rs. 25000/- in her favour and in favour of her two children had been awarded in the proceedings under Section 125 Cr.P.C. That amount was averred to be meager in the context of her requirements and that of her sons, both of whom are studying in St.John School, Sector-26, Chandigarh. The elder child is a student of 10th standard; while the younger child is a student of 6th standard. In order to quantify the amount required for her children, it was averred that their monthly expenditure comes to Rs. 10,000/- (at the rate of Rs. 5000/-). Besides this, the averment proceeded, money is also required for purchase of school uniform, stationery, transportation and participation in other cultural activities including out station educational trips. Apart therefrom, the elder son is a patient of chronic Asthma and a sum of Rs. 10,000/- per month was claimed "for his adequate medical care". For the younger child, the averment made was that he requires specialised personal coaching by a private tutor as he is suffering from "NYSTAGAUM" a disease which blunts his vision to see blackboard. It also restricts his movement in the open because he cannot face the sun. He is also on medication and his special spectacles cost Rs. 10,000/- per piece. For the moment, he has only one spectacles. He should otherwise have two with him at a time because, as a child, there is every possibility of his breaking or misplacing the same.