SATVENDRA KUMAR Vs. MITHLESH KUMARI

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the impugned order dated 4th January, 2003.

(2.) The brief facts of the case are that the marriage between the petitioner and the non-petitioner took place on 20th February, 1990 and out of their wedlock, a daughter Vandana was born on 19th November, 1990. The non-petitioner submitted an application for grant of divorce before the Trial Court in which the divorce decree was granted on 27th May, 2000, but while passing the decree, no order for grant of maintenance was passed by the Trial Court. Therefore, the non-petitioner along with her daughter submitted an application Under Sections 25 and 26 of the Hindu Marriage Act for grant of maintenance for herself and her daughter. The non-petitioner in her application moved Under Sections 25 and 26 of the Hindu Marriage Act, claimed maintenance of Rs. 3,000/- per month for herself and Rs. 1,500/- per month for her daughter, total amounting to Rs. 4,500/- per month as maintenance amount.

(3.) In reply to the application Under Sections 25 and 26 of the Hindu Marriage Act, the petitioner submitted reply stating therein that the non-petitioner is serving as a teacher in a public school and she is getting salary of Rs. 7,000/- per month, therefore, she is not entitled for the maintenance amount as she is not a lady having no means to maintain herself and for her daughter. The petitioner submitted in the reply that he is prepared to take the custody of his daughter and he is prepared to maintain his daughter.