ANURAG SHARMA Vs. SMT. PRATIBHA SHARMA

JUDGEMENT

(1.) The parties to the present petition are husband and wife, respectively. Owing to marital discord between them, the former is seeking divorce under Sec. 13 (i-a) of the Hindu Marriage Act, 1955 on the twin grounds of adultery and cruelty. The proceedings are pending adjudication in the court of the learned District Judge, Kullu, H.P. It was during pendency of the petition that the wife has been granted monthly maintenance pendente lite @ Rs. 5,000.00, besides expenses of the proceedings to the tune of Rs. 10,000.00. Being aggrieved, the petitioner is in revision before this court under Sec. 115 of the Code of Civil Procedure, 1908 (in short 'CPC').

(2.) Before hearing the parties, an endeavor was made to bring out reconciliation between them, but the same could not succeed.

(3.) Heard. The sole contention raised on behalf of the petitioner is that he is already paying monthly maintenance of Rs. 8,000.00 to the respondent, as per orders passed by the learned Judicial Magistrate 1st Class, Court No. 1, Mandi, H.P. in a proceeding under the Protection of Women from Domestic Violence Act, 2005 (in short 'Domestic Violence Act'). It being so, the impugned order dated 7.7.2012 saddling him with further liability of monthly maintenance pendente lite to the tune of Rs. 5,000.00 in the divorce proceedings with a further direction to pay a sum of Rs. 10,000.00 as expenses of the proceedings, is manifestly on the higher side.