SH. SHAILENDER ATTRI Vs. SMT. KAVITA SHARMA

JUDGEMENT

(1.) The present petition is directed against the order, dated 10.05.2011, passed by the learned District Judge (Forest), Shimla, H.P., in Petition No. 49-S/6 of 2011.

(2.) 'Key facts' necessary for the adjudication of this petition are that marriage between petitioner and respondent was solemnized on 10.08.2002. They were blessed with one daughter, namely Ishita on 08.05.2003. She is presently residing with respondent-wife. Respondent left the matrimonial house at Lal Chand Building near PNB Totu Shimla on 25.06.2005. She filed a petition for dissolution of marriage under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for the sake of convenience). She also moved an application under Sec. 24 of the Hindu Marriage Act for maintenance pendente lite and expenses. According to the application, the petitioner was earning more than Rs. 50,000.00 per month. According to the respondent, the petitioner has not provided any financial support to her as well as her daughter since June, 2005. She was maintaining herself with the financial assistance of her parents. The monthly expenditure of the respondent and her daughter is Rs. 20,000.00. In these circumstances, the respondent-wife has claimed Rs. 30,000.00 from the husband to mitigate the day-to-day expenses.

(3.) The petitioner-husband has filed reply to the application. He has denied that he was earning Rs. 50,000.00 per month. According to him, he was a Causal Artist. Learned District Judge has awarded interim maintenance @ Rs. 10,000.00 per month, i.e., Rs. 7,000.00 to the respondent-wife and Rs. 3,000.00 to the daughter Ishita from the date of interim application till the decision of main petition. She was also granted Rs. 10,000.00 as litigation charges vide order, dated 10th May, 2011. The petitioner has assailed this order. Petitioner has also filed CMP No. 547 of 2013 for placing on record additional documents. These were permitted to be taken on record vide order, dated 26.04.2013.