LAWS(J&K)-2000-2-19

KAMLESH KUMARI Vs. D P KHAJURIA

Decided On February 28, 2000
KAMLESH KUMARI Appellant
V/S
D P Khajuria Respondents

JUDGEMENT

(1.) Appellant (herein after referred to as "the wife") has filed this appeal against the order dated 4 -12 -1995 wherein she has been allowed maintenance pendentilite at the rate of Rs. 1500/ -per month w.e.f. 2/ -3 -1991 and Rs. 3000/ - as litigation expenses. This order was passed on the application of the wife that she had filed in matrimonial lis filed by the respondent (hereinafter referred to as "the husband") before the trial court. According to appellant wife the amount granted is inadequate, therefore, it is liable to be enhanced, whereas in Cross Appeal filed by the husband it has been prayed that since the amount is on higher side it is required to be reduced.

(2.) DURING the course of pendency of this appeal an attempt was made for reconciliation between the parties which did not bear any fruit, hence both the appeal were heard together and are being disposed of by this common judgment.

(3.) SO far provisions of Section 30 of Jammu and Kashmir Hindu Marriage Act are concerned, those are analogous to the provision of Section 24 of the Hindu Marriage Act 1955 (Central Act). In both these provisions there is nothing stated as to what is the amount of maintenance that is to be fixed.