NILAY KANT MISHRA Vs. VIBHA MISHRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner seeks setting aside of the order dated 22.7.2005 passed by the Principal Judge, Family Court, Patna in Matrimonial Case No. 127 of 2002, by which the petitioner has been directed to pay Rs. 7000.00 by way of interim maintenance to his wife from the date of filing of the application, i.e., 16.8.2002 and further directed that the petitioner should deposit Rs. 10,000.00 in lump sum towards litigation cost.

(3.) LEARNED counsel for the petitioner submitted mainly on two aspects of the matter. Firstly, it was stated that the amount of Rs. 7,000.00 awarded to the wife of the petitioner was very much on the higher side considering that it was only at the stage of ad interim maintenance during the pendency of the litigation between the parties and the purpose of Sec.24 of the Hindu Marriage Act, 1955 which is not meant to lead to enrichment of one party at the cost of the other. It is further submitted that the petitioner is maintaining himself and his parents and the order is also contrary to the various decisions of this court and other courts for the award of ad interim maintenance under Sec.24 of the Act.