MOOLCHAND Vs. BHANWARI

JUDGEMENT

(1.) This appeal is filed by the appellant assailing the legality of the order dated 29.11.19 passed by the Family Court No.1, Bikaner in Civil Misc. Petition No.6/19 (CIS No.239/19), 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.25,000/- for the period from 25.2.19 to 31.10.19 and further to pay Rs.6,000/- per month w.e.f. 1.11.19.

(2.) The appellant filed a petition against the respondent seeking divorce under the provisions of Section 13 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 (2 of 4) [CMA-164/2020] Rs.10,000/- per month and legal expenses Rs.10,000/- in lump sum. The respondent averred in the application that she has no source of income, whereas the appellant is earning a sum of Rs.40,000/- per month from agriculture and livestock.

(3.) The appellant contested the application by filing a reply thereto, taking the stand that the respondent has deserted him without any reason and therefore, she is not entitled for any maintenance. The appellant denied that he is earning Rs.40,000/- per month. It was averred that as a matter of fact, while working as a labour, he is earning Rs.3,000-4,000 per month and therefore, not in position to give any maintenance to the respondent.