MAN SINGH Vs. HARI DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order of the learned Additional District Judge, Shimla dated 3rd December, 2010 whereby he awarded Rs. 10,000/- as litigation expenses and Rs. 5,000/- per month as maintenance pendente lite to the respondent-wife to be paid by the present petitioner.

(2.) Briefly stated the facts of the case are that the husband filed a petition for divorce against the wife. In this petition the wife filed an application under Section 24 of the Hindu Marriage Act, 1955 wherein she prayed that she has no source of income and is unable to defend her case and requires money to defend her case before the Court. The prayer was that the application be allowed and the non-applicant (husband) be directed to pay a sum of Rs. 20,000/- as expenses of the proceedings. Though there was a general prayer that any other order just and proper be passed a perusal of the application clearly shows that there was neither any averment nor any prayer for grant of maintenance pendente lite.

(3.) The respondent-husband filed a reply and stated that he had no other income except pension of Rs. 2480/- He also stated that in proceedings under Section 125 Criminal Procedure Code instituted by the wife for grant of maintenance a settlement had been arrived at and a sum of Rs. 4,50,000/- had been paid in full and final payment. Alongwith the reply a copy of the statement of the wife and order of the learned Judicial Magistrate were annexed, which show that the matter had been settled. According to this settlement, a sum of Rs. 3,75,000/- had been paid. Without going into the question whether another sum of Rs. 75,000/- was paid or not it is obvious that the wife has been paid a substantial amount for maintenance in lumpsum and she had, therefore, withdrawn her case under Section 125 Criminal Procedure Code