CHANCHAL RANA Vs. VIBHA TANU SHREE PATHANIA

JUDGEMENT

(1.) The petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India against order dtd. 2/8/2023 passed by learned Additional Principal Judge-II, Family Court, Una, District Una, H.P. in case No. 205/2023 whereby the application of respondent under Sec. 24 of the Hindu Marriage Act has been granted.

(2.) Petitioner has filed a petition for dissolution of marriage by decree of divorce against respondent, which is pending adjudication before learned Additional Principal Judge-II, Family Court, Una. It is alleged by the petitioner that his marriage with respondent, that had taken place on 16/1/2020, could not be consummated and the respondent has been alleged to be responsible therefor. As averred in the petition for divorce, the petitioner had submitted an application dtd. 2/11/2020 to Secretary, DLSA, Una for counselling of the parties and respondent in particular but on the same day, respondent had left the matrimonial home parents.

(3.) During the pendency of petition for divorce, respondent filed an application under Sec. 24 of the Hindu Marriage Act for grant of maintenance pendente lite and litigation charges. Petitioner contested the application, however, the Family Court granted the application vide impugned order dtd. 2/8/2023 and directed the petitioner to pay maintenance at the rate of Rs.10,000.00 per month from the date of filing of petition and also to pay Rs.25,000.00 towards litigation charges.