VIKAS BHURIA Vs. KANCHAN KUMARI

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner assails order dated 20.03.2019, passed by the Court of learned Additional District Judge-III, Kangra at Dharamshala, in CMA No.34-P/VI/2019, titled as Kanchan Kumari Versus Vikas Bhuria, whereby, application filed under Section 24 of the Hindu Marriage Act by the respondent herein for grant of maintenance pendente lite and litigation expenses has been allowed by learned Court below in the following terms:-

(2.) Learned counsel for the petitioner has argued that the impugned order is not sustainable in the eyes of law as while granting maintenance pendente lite in favour of the wife, learned Court below erred in not appreciating that the petitioner is not in a position to pay an amount of Rs.1500/- per month as maintenance allowance to his wife as also litigation expenses which have been assessed at Rs.7000/- per month.

(3.) Having heard learned counsel for the petitioner, in my considered view this petition deserves dismissal. It is not in dispute that the petitioner herein has filed a petition under Section 13 of the Hindu Marriage Act, praying for a decree of divorce against the respondent herein. Section 24 of the Hindu Marriage Act entitles the wife to move an appropriate application seeking maintenance pendente lite and litigation expenses. Learned Court below while allowing such application filed before it by the present respondent, has only ordered a meager amount of Rs.1500/- per month as maintenance allowance as from the date of filing of the application, till decision of the divorce petition. In addition, it has also granted litigation expenses to the tune of Rs.7000/- per month. The amount which has been so fixed by the learned Court below as maintenance pendente lite, by no stretch of imagination, can be said to be on the higher side or an excessive amount. In fact, in case, the Court issues a notice in this petition to the respondent herein, she will be unnecessarily dragged to the High Court for defending the order vide which only an amount of Rs.1500/- per month has been granted to her as maintenance pendente lite.