VIDYA Vs. ARVIND

JUDGEMENT

(1.) The instant petition stands directed by the petitioner herein against the impugned order rendered on 24.04.2013 by the learned District Judge, Shimla on an application preferred before him by the petitioner herein/applicant under Section 24 of the Hindu Marriage Act. The learned District Judge declined relief qua maintenance pendent lite to the applicant/petitioner herein. However, it assessed in her favour litigation expenses quantified in a sum of Rs.5000/-.

(2.) The applicant/petitioner herein stands aggrieved by the aforesaid rendition, hence, has preferred the instant petition before this Court. The learned counsel appearing on either side have been heard at length.

(3.) The order impugned before this Court while its declining assessment of maintenance pendent lite to the applicant/petitioner herein had borne in mind the factum of the petitioner herein/applicant standing assessed by the Magistrate concerned in a petition constituted before him by her under Section 125 of the Code of Criminal Procedure maintenance in a sum of Rs.2000/-. The learned District Judge, Shimla on an appreciation of the material placed before him had held of the petitioner herein/applicant not adducing any cogent evidence in display of the respondent herein holding any agricultural income in the quantum as averred in the application constituted before it. In sequel, he has assessed the respondent herein to be holding a meager per mensem income of Rs.4500/-.