BANARSI MEGHWAL Vs. DINESH KUMAR

JUDGEMENT

(1.) Heard Ms.Naina Saraf, learned counsel for the applicant and Mr.A.K.Bhargava, learned counsel for the opposite party.

(2.) The instant application is by the appellantwife in the accompanying D.B.Civil Misc. Appeal No.2310/2010 under Section 24 of the Hindu Marriage Act, 1955 (for short, hereinafter referred to as 'the Act') seeking maintenance pendente lite of L 30,000/- per month along with cost of the litigation. The appeal aforementioned puts to challenge the judgment and order dated 31.8.2010 passed by the learned Family Court No.1, Jaipur decreeing the suit for dissolution of marriage instituted by the opposite party against the appellant. It has been inter alia asserted in the accompanying D.B.Civil Contempt Petition No.438/2011 that though the above appeal had been preferred in time, the opposite party contracted a second marriage on 16.10.2010, which he got registered on 21.10.2010.

(3.) In the application under consideration, the applicant has averred that the opposite party is an Assistant Engineer with the State Government and is presently posted on deputation as Development Officer, Panchayat Samiti, Khetri, District Jhunjhunu and has a monthly income of L 36,000/- (approx.). According to her, he has other immovable properties, which together, are valued at several crores and fetch him handsome amounts heaping upto several lacs. According to her, she has no means of livelihood and her daily needs being very reasonable, she is entitled to an amount of L 30,000/- per month for her survival, which the opposite is obligated in law to provide as maintenance pendente lite.