NEELAM KALIA Vs. RAJESH KALIA

JUDGEMENT

(1.) The parties to the present petition are wife and husband, respectively. Owing to marital discord between them, the husband has filed a petition for grant of divorce, which is pending in the Court of the learned Additional District Judge, Una, H.P., though further proceedings therein stand stayed, vide order dated 8.10.2007, passed by this Court in this petition. It was during pendency of the aforesaid divorce proceedings being HMA No. 3 of 2005, titled Rajesh Kalia v. Neelam Kalia that the wife moved an application under Section 24 of the Hindu Marriage Act, 1955 for grant of maintenance pendente lite @ Rs. 20,000/- per month, besides claiming a sum of Rs. 50,000/- as expenses of the proceedings. However, the learned trial Judge, vide order dated 19.8.2006, though allowed a sum of Rs. 5,000/- as litigation expenses, yet declined the prayer for maintenance pendente lite on the ground that the wife was already getting monthly maintenance of Rs. 3,000/- under Section 125 of the Code of Criminal Procedure, 1973 (in short 'Cr. P.C.'), as per orders of the learned Metropolitan Magistrate, Delhi.

(2.) While moving the application for maintenance pendente lite, the wife stated that at the relevant time monthly income of the husband from all sources as per details given in para 3 of the application, was Rs. 77,500/-. Though notice of the application was issued to the husband, yet he failed to file any reply.

(3.) It was during pendency of the present petition in this Court that efforts for amicable settlement between the parties were made by a coordinate Bench of this Court. However, the same could not succeed. Vide order dated 9.5.2011 the husband was directed to file an affidavit with regard to his income and allied matters. The affidavit stands filed. In rebuttal, the wife has also filed counter affidavit.