MANDEEP SHARMA Vs. KIRAN SHARMA

JUDGEMENT

(1.) Both these Revision Petitions, filed by the parties separately having arisen out of the same impugned order, shall be disposed of by a common judgment. Civil Revision No. 181/2001 as been filed by the respondent-husband, Mr. Mandeep Sharma, and Civil Revision No. 106/2001 has been filed by the petitioner-wife, Mrs. Kiran Sharma.

(2.) Fact relevant for the disposal of these Revisions in nutshell are that, in a petition for divorce initiated by Mandeep Sharma, husband, under Section 13 of the Hindu Marriage Act (hereinafter referred to as Act), Kiran Sharma, wife, put appearance and moved an application for the grant of pendente lite maintenance and litigation expenses both for herself and her minor male child, two-and-half-year old, in invoking the provisions of Section 30 of the Act, inter-alia pleading that she is residing with her parents along with a minor child and had no independent source of income and, thus, requires Rs. 5,000.00 per month for herself and the minor child as maintenance and Rs. 15,000.00 to prosecute the proceedings and defend herself in the case. It is also contended by the wife, Kiran Sharma, that her husband, Mandeep Sharma, is a Government Contractor and has an earning of Rs. 25,000.00 per month and can conveniently provide maintenance to her and the minor child, besides expenses to defray the litigation charges. The wife further sought an advance of Rs. 500.00 for each hearing from the husband.

(3.) In controverting the claim of the wife, it was alleged by the husband that Kiran Sharma, his wife, is running Sun Shine Academy with her mother at Kandoli, Nagrota and distributes the earning amongst themselves. He further pleaded that after accident, he does not have substantial income. He further pleaded to have been in great agony on behalf of desertion of his wife, which has affected his efficiency and capacity to work. The matrimonial Court, after parties let in evidence in support, in rebuttal and hearing the arguments, held as under : "Keeping in view the above discussion it is amply clear that the applicant is having her own source of income but the minor son being unable to maintain herself. It is common duty of both the parents to maintain the minor son. A minor child of the age of son of the applicant needs good care and has to be maintained as per the standard of the parties. I, therefore, find Rs. 1500.00 sufficient for the maintenance of the son by the parties per month. The maintenance of the child shall be borne by both the parties in equal shares which comes to Rs. 750.00 per month. Since the child is living with the mother, the non-applicant father is directed to pay an amount of Rs. 750.00 monthly to the minor son as maintenance allowance from the date of this application. Since the applicant is an earning hand herself she can very well bear the litigation expenses, therefore, no order is made regarding the litigation expenses as claimed by the applicant. Hence disposed of and made part of the main file.