SUNITA TASERA Vs. LALIT KUMAR JAGRAWAL

JUDGEMENT

(1.) This order shall dispose of the application filed by appellant-wife under Section 24 of the Hindu Marriage Act. 1955 (hereinafter to be referred 'the Act') by which the appellant has prayed that interim maintenance amount @ Rs. 15.000/-per month and other sums as mentioned in the application including litigation expenses may be granted to her from respondent-husband. It is an admitted fact that marriage according to Hindu Rules took place between the parties on 23.5.91 and thus, appellant and respondent are legally married wife and husband and out of their wedlock a son was born, who at present is of the age of 9 years and is residing with his mother-appellant. The parties, are living separately since the year 2002.

(2.) The respondent-husband filed a petition for divorce under Section 13 of the Act against the appellant on the ground of cruelty and desertion. The appellant filed written reply to that petition and the learned trial Court after considering the evidence available on record and hearing the parties allowed the petition by passing impugned judgment and decree dated 29.11.2008 and the marriage between the parties was ordered to be dissolved. Against that judgment and decree, the appellant has preferred this appeal which at present is pending,

(3.) During the pendency of the appeal, the present application was filed with the averment that the appellant has no source of earning so as to maintain herself and her son, whereas the monthly income of the respondent from various sources is about Rs. 2.00.000/-. It was also averred that atleast Rs. 15,000/- per month as maintenance, Rs. 3.000/- for medicines, Rs. 250/- for school fee, Rs. 250/- for books and other incidental expenses, Rs. 2,500/- per month as rent, counsel's fee Rs. 11,000/- and litigation expenses Rs. 1,000/- are required. It was further averred that although Rs. 2.000/- per month has been awarded by a competent court under Section 125 Cr.P.C. to the appellant but that amount is not sufficient for the proper maintenance of the appellant and her son and that the respondent is not paying that amount regularly. In support of the application, the appellant filed her affidavit.