MITHUN KUMAR SHARMA Vs. MAMTA SHARMA

JUDGEMENT

(1.) This appeal is filed by the appellant assailing the legality of the order dated 22.7.19 passed by the Family Court No.3, Kota in HMA Case No.11/19, whereby an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") has been allowed and the appellant is directed to pay maintenance pendente lite to the respondent a sum of Rs.4,000/- per month, litigation expenses Rs.4,000/- in lump sum and Rs.1,000/- for attending each date of hearing.

(2.) The appellant filed a petition against the respondent seeking divorce under the provisions of Section 13 (a) of the Act of 1955. During the pendency of the petition, the respondent filed an application under Section 24 of the Act of 1955, claiming maintenance pendente lite from the appellant a sum of Rs.10,000/- per month, legal expenses Rs.15,000/- and travelling expenses to attend the each date of hearing a sum of Rs.2,798/-. The respondent averred in the application that she has no source of income, whereas the appellant is employed as Editor in Rajashan Patrika and drawing salary a sum of Rs. 70,000/- per month. That apart, the appellant has the rental income of Rs.20,000-25,000.

(3.) The appellant contested the application by filing a reply thereto. The factum of the appellant being engaged in Rajasthan Patrika was denied, however, it was submitted that the appellant is engaged as Office Boy in the office of Dainik Bhaskar and presently drawing basic salary a sum of Rs.5,850/-. While giving the details of personal expenses, the appellant averred that he is paying rent for the residential accommodation a sum of Rs.4,500/- and incurring domestic expenditure a sum of Rs.2,340/- and other expenses Rs.1200/- and thus, he is not in position to pay any amount to the respondent towards the maintenance.