BANARSI MEGHWAL Vs. DINESH KUMAR

JUDGEMENT

(1.) SINCE both the review petitions have been filed by the respective parties for recalling/revising the order Dt. 2.4.2013 passed on an application filed by the appellant Dr. Banarasi Meghwal for grant of maintenance pendente lite u/S. 24 of the Hindu Marriage Act, 1955 (The Act), and with the consent of the parties, both the review petitions are decided by the present order.

(2.) BEFORE examining the review petitions on merits filed by the respective parties, the facts in brief are that the marriage of the parties was solemnized on 11.4.1993 according to the Hindu rituals and customs but after some time, allegations were alleged by the parties against each other and for good reasons they were not able to continue their married life any more and the respondent husband filed application seeking divorce u/S. 13 of the Act on 20.8.2005.

(3.) IN the application which the appellant wife filed seeking maintenance pendente lite u/S. 24 of the Act, it was averred that the opposite party is the Assistant Engineer with the State Govt. and posted on deputation as Development Officer in Panchayat Samiti, Khetri, District Jhunjhunu and his monthly income is Rs. 36,000/ - per month and also holds immovable properties whereas she has no means of livelihood and unable to take care of her daily needs and is entitled to maintenance pendente lite of Rs. 30,000/ - per month for her survival which the respondent is obligated in law to provide as maintenance. The opposite party in reply to the application u/S. 24 of the Act admitted that his take home salary was about Rs. 42,000/ - per month, but, at the same time, it was pleaded that the appellant is a daughter of the then State Minister and she is holding several plots and also running petrol pump in Kasba Randhisar Pahadi, Sujangarh and running other business and owns agriculture land and a regular tax payer for long time and has sufficient means for livelihood and to meet out her daily needs. But it appears that apart from what was being specifically averred by the respondent husband in reply to the application filed by appellant wife seeking maintenance pendente lite u/S. 24 of the Act, supporting documentary evidence was not placed on record, this Court proceeded on the basis of material came on record and taking note of income of the respondent husband of Rs. 42,000/ - per month and the fact that he has solemnized second marriage on 6.10.2010, having child from this wedlock and that he has to maintain his mother, wife and minor daughter apart from himself, disposed of the application vide order Dt. 2.4.2013 with the direction to the respondent husband to pay a sum of Rs. 10,000/ - per month as maintenance pendente lite to the appellant wife w.e.f. 1.1.2013 and further direction in respect of payment of arrear which may be liquidated by the end of April 2013.