KAMLESH KUMARI Vs. AMAN KISHORE

JUDGEMENT

(1.) The present petition has been preferred by the petitioner-wife under Article 227 of the Constitution of India against the order dated 30.5.2011 passed, in RBT CMA No. 53-G/2011/2010 (RBT HMA No. 65-G/III/2010), by the learned Additional District Judge-II Kangra at Dharamshala whereby application under Section 24 of the Hindu Marriage Act, 1955, was partly allowed to the extent of payment of litigation expenses to the tune of Rs. 4,000/- while declining pendente-lite alimony on the ground that the respondent-husband has been directed to pay the maintenance at the rate of Rs. 2,000/- to the petitioner-wife and Rs. 500/- per month to her daughter Surbhi, under Section 125 of the Code of Criminal Procedure, in short 'the Code' which is considered to be sufficient. The learned trial Court also observed that the petitioner is not remediless and she could also seek enhancement under Section 127 of the Code which is otherwise pending before the Judicial Magistrate.

(2.) Heard and gone through the record.

(3.) The facts disclose that the marriage was solemnized inter se the parties on 6.2.2004 at Harchakkiyan, District Kangra. From this wedlock a female child Surbhi was born, who is presently in the care and custody of the petitioner-wife. There were certain abrasions in married life as such the respondent-husband filed petition for dissolution of marriage, on the grounds of cruelty and desertion, which is resisted and contested by the petitioner-wife. During the pendency of the main petition, she also prayed for maintenance pendente-lite at the rate of Rs. 5,000/- per month and litigation expenses to the tune of Rs. 10,000/-, as she being a poor lady unable to maintain herself.