SUNIL CHANDRA SINGH Vs. SEEMA SINGH

JUDGEMENT

(1.) Heard Mr. L.N. Das, learned counsel appearing on behalf of the petitioner and also the sole respondent Ms. Seema Singh who has appeared in -person and has made her submissions.

(2.) This application under Article 227 of the Constitution of India has been filed praying for quashing the order dated 26.04.2013 passed in Matrimonial Case No. 398/2010 whereby the learned court below has enhanced the quantum of interim maintenance from Rs. 10,000/ - to 12,000/ - per month and allowed the amount of Rs. 20,000/ - in lumpsum as admission fee of the daughter of the petitioner and the respondent. During the pendency of this application the interlocutory application (I.A. No. 430/2016) has been filed on 15.01.2016 praying for amendment in the main application by incorporating the relief for quashing the order dated 03.01.2015 passed in the aforesaid matrimonial case enhancing the amount of interim maintenance from Rs. 12,000/ - to 15,000/ - per month.

(3.) The facts in detail in dispute between the parties need no notice in view of the limited nature of the controversy in the present proceeding. Suffice it to state that the petitioner and the sole respondent are legally married couple having a girl child borne out of their wedlock. The Matrimonial Case No. 398/2010 has been filed by the husband -petitioner for a decree of divorce against the wife -respondent on the ground of cruelty and desertion with further relief for the custody of the daughter. During the pendency of the matrimonial case a petition under Sec. 24 of the Hindu Marriage Act was filed by the respondent for grant of interim maintenance. The said petition was allowed by order dated 21.02.2011 directing the petitioner to pay total amount of Rs. 10,000/ - per month out of which Rs. 8,000/ - was for the maintenance of the respondent and the amount of Rs. 2,000/ - was for the maintenance of the daughter by way of interim maintenance besides the direction to the petitioner to pay Rs. 6,000/ - in lumpsum by way of litigation cost. Subsequently on 14.03.2012 a petition was filed by the respondent under Sec. 26 of the Hindu Marriage Act praying for payment of Rs. 50,000/ - in one lumpsum for the purpose of admission of the daughter in school and further for direction for payment of Rs. 10,000/ - for the maintenance of the daughter. It was averred in the petition that the amount which was allowed for maintenance of the child was inadequate in view of the prevailing heavy cost for admission in a good educational institution and the allied expenses therein.