LAWS(HPH)-2012-3-196

RADHIKA NEGI Vs. T.G. NEGI

Decided On March 29, 2012
Radhika Negi Appellant
V/S
T.G. Negi Respondents

JUDGEMENT

(1.) The parties to the present petition are an estranged couple, the petitioner, being the wife and the respondent husband, who is an IAS Officer. The challenge herein is against the order dated 25.09.2010, passed by the learned Additional District Judge, Shimla, H.P. in an application under Section 24 of the Hindu Marriage Act, 1955 (in short 'the Act') filed by the wife against the husband for grant of maintenance pendente lite in a petition under Section 11 of the Act for annulment of marriage, whereby maintenance pendente lite @ Rs. 22,000/- per month has been allowed to the wife apart from a consolidated sum of Rs. 25,000/- as litigation expenses.

(2.) The mainstay of the challenge is that according to the petitioner, in the face of admitted facts that the husband is receiving monthly salary of Rs. 1,07,000/-, the amount of maintenance fixed by the learned trial court is on extremely lower side. Per contra, the husband contends that his monthly carry home salary being only Rs. 35,000/-, the order granting maintenance of Rs. 22,000/-, though on the higher side, does not require any interference at the hands of this Court in exercise of its revisional jurisdiction.

(3.) In support of the claim for enhancement of maintenance, the wife has relied upon the following authorities: