NAVAL SWAROOP SHARMA Vs. SHOBHANA DHIMAN

JUDGEMENT

(1.) An order passed by learned District Judge, Kangra at Dharamshala on 1.6.2015, in an application under Section 24 of the Hindu Marriage Act, 1955, is under challenge in this petition.

(2.) The complaint is that maintenance pendente lite at the rate of Rs.1500/- per month awarded to the respondent vide order under challenge is on higher side. The petitioner has filed a petition under Section 25 of the Special Marriage Act, 1954, with a prayer to annul his marriage with the respondent in the Court below. It is during the pendency of the said petition, respondent-wife has filed application under Section 24 of the Hindu Marriage Act, for seeking maintenance pendente lite at the rate of Rs.10,000/- per month and litigation expenses to the tune of Rs.20,000/- from him. Learned District Judge vide order under challenge has, however, awarded maintenance allowance at the rate of Rs.1500/- per month and Rs.10,000/- towards litigation expenses. It is this order, which has been challenged in the present petition on the grounds, inter alia, that the petitioner who has no source of income and whose income from all sources is Rs.25,000/- per annum, is not in a position to pay any amount towards maintenance pendente lite or litigation expenses, particularly when he has already been ordered to pay Rs.2000/- per month towards maintenance allowance to the respondent-wife by learned Judicial Magistrate, 1st Class (II), Dharamshala, under the Domestic Violence Act.

(3.) Having gone through the record and taking into consideration the submissions made by learned counsel representing the parties on both sides, be it stated that the respondent-wife has already been awarded monthly maintenance allowance at the rate of Rs.2000/- in the proceedings she initiated under the Domestic Violence Act.