VIJAY SINGH Vs. SHYAMA DEVI

JUDGEMENT

(1.) The learned counsel appearing, for, the petitioner contests, the awarding, of, per mensem maintenance pendente lite, borne in a sum of Rs.6,000/-, vis-a-vis, the respondent, his purportedly legally wedded wife. The afore contest, is, hinged, upon, the factum qua despite, the respondent being employed, as, a Aganwari Worker, in, contemporaneity, to, the institution of the application, and, hers drawing therefrom a sum of Rs.4,400/- per month, as, salary, hence, the afore amount was required to be pleaded in the apposite petition, whereas, its remaining unpleaded therein, thereupon, the petition is stained, with, a vice of malafides, and, no relief is grantable, vis-a-vis, the respondent herein.

(2.) However, the merit, if any, of the afore submission is blunted by the factum, qua even if, the afore argument, has some worth, its vigour being eroded by the factum that a male child, named, Anshul, being born from the apt cohabitation, (i) and, when all the requisite expenses towards the maintenance of the afore child, including, his education, also is required to be expended, or borne, (ii) thereupon, necessitates the awarding, of, the afore sums of money qua therewith, and, besides the impugned awarding being deficient or insufficient, hence is also, in tandem therewith, rather, enjoined to be borne in mind, conspicuously when it is encapsulated, in, a decision of the Hon'ble Apex Court, rendered in a case titled as Jasbir Kaur Sehgal vs. District Judge, Dehradun and others, 1997 AIR(SC) 3397, relevant paragraph no.6 whereof stand extracted hereinafter:-

(3.) For the foregoing reasons, there is no merit, in the instant petition, and, it is dismissed accordingly. The order impugned before this Court is affirmed and maintained. All pending applications also stand disposed of. The records, if received, be sent back forthwith.