SUSHIL KUMAR Vs. DEEPIKA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been preferred against the order dated 31.5.2014 passed by learned Additional District Judge (II), Shimla in Application No. 59 -S/6 of 2014 whereby he granted interim maintenance of Rs. 1500/ - and Rs. 5,000/ - as litigation expenses to the respondent.

(2.) THE respondent had filed a petition under Section 13 of the Hindu Marriage Act (for short 'Act') for dissolution of marriage on the ground of desertion and cruelty. During the pendency of the petition, an application under Section 24 of the Act claiming maintenance pendente -lite and expenses of proceedings was preferred on the ground that she was working as a teacher at Abohar (Punjab) and did not have much income and was not in a position to maintain herself in a proper manner and was not in a position to bear the day to day expenses. It was alleged that though the respondent had income of her own but the same was not sufficient to support her or even to meet her necessary expenses. The petitioner on the other hand was stated to be earning about more than Rs. 1,00,000/ - per month as he was working as Lecturer at Jawahar Navodaya Vidyalaya, Mouli, District Panchkula and belonged to a rich family, who own a house in Shimla and huge land holdings at Pathankot. On such basis, the respondent lay claim of maintenance of Rs. 15,000/ - and a sum of Rs. 10,000/ - as travelling allowance and Rs. 20,000/ - as litigation expenses.

(3.) THE learned Court below granted maintenance and litigation expenses to the respondent by according the following reasons: