SUNIL YADAV Vs. POONAM YADAV

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/non-applicant under Sec. 28 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') challenging the order dtd. 5/1/2022 passed by the Court of learned Additional District Judge No.1, Behrod, District Alwar (Raj.) [for short 'the Court below'] in case No. 47/2018, whereby application filed by the respondent-applicant under Sec. 24 of the Act of 1955 has been allowed and the appellant is directed to pay Rs.8,000.00 per month as maintenance pendente lite to the respondent-applicant.

(2.) Skeleton facts of this case are that the appellant has filed a petition against the respondent seeking divorce under the provisions of Sec. 13 of the Act of 1955. During the pendency of the petition, the respondent filed an application under Sec. 24 of the Act of 1955 claiming a sum of Rs.30,000.00 and cost of litigation of Rs.25,000.00 as maintenance pendente lite from the appellant. The respondent averred in the said application that she has no source of income, whereas the appellant is employed as Inspector in Indo Tibetan Border, Police Force and drawing salary of Rs.70,000.00 per month.

(3.) The appellant contested the application by way of filing reply thereto. The factum of the appellant being engaged as Inspector in Indo Tibetan Border, Police Force has not been denied, however, it is submitted that the respondent is earning Rs.50,753.00 per month, but no document with regard to her income has been produced on the record. It was also stated in the reply that the respondent is an educated lady and she is capable of earning Rs.25.0030,000/- per month. In reply, the appellant denied the averments made in the application and prayed for rejection of the application.