SHAKTI KATARA Vs. SHAILENDRA SHARMA

JUDGEMENT

(1.) By this appeal a challenge has been made to the order dtd. 17/2/2020 passed by the Court of learned Additional District Judge No.1, Hindaun City, Karauli (for short 'the learned Court below') by which the application filed by the appellant-wife under Sec. 24 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') has been disposed of by the learned Court below by observing that the wife is getting maintenance of Rs.6500.00 per month in the proceedings under Sec. 125 Cr.P.C. So, there is no need to pass any further order for granting maintenance to her. However, a lump sum amount of Rs.4000.00 has been awarded as expenses towards litigation.

(2.) Brief facts of this case are that the marriage of the appellant and respondent was solemnised on 17/6/2009. The respondent filed a divorce petition under Sec. 13 of the Act of 1955, against the appellant before the Court below on the grounds of cruelty and desertion. During the pendency of the divorce petition, the appellant filed an application under Sec. 24 of the Act of 1955 claiming maintenance pendente lite and expenses from the respondent pleading that the respondent is a Government Lecturer and is getting salary of Rs.85,000.00 per month. So, she requested for granting of maintenance of Rs.24,000.00 per month to her.

(3.) Respondent opposed the application pleading that the appellant is quite competent to maintain herself and under the proceedings under Sec. 125 Cr.P.C. she is already getting maintenance of Rs.6500.00 per month.