RADHEY SHYAM Vs. SMT. SUSHILA

JUDGEMENT

(1.) In this D.B. Civil Misc. Appeal No.125/2016 filed by the appellant Radhey Shyam (husband) against the respondent Smt. Sushila (wife), the appellant is challenging the judgment dated 17.12.2015 whereby the learned Family Court, Bhilwara rejected the application for grant of divorce filed under Section 13 of the Hindu Marriage Act by the appellant and allowed the application filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights by the respondent (wife) and directed the appellant to restore the restitution of conjugal rights within one month from the date of judgment which is 17.12.2015.

(2.) Learned counsel for the respondent-applicant filed an application under Section 24 of the Hindu Marriage Act and prayed that appellant (husband) may kindly be directed to pay a sum of Rs. 7,000/- per month to the applicant-wife for maintaining herself and her minor son, so also, pay a sum of Rs. 35,000/- as cost of instant litigation and travelling expenses to attend the court.

(3.) Learned counsel for the applicant submitted the pay certificate of the appellant and submits that his salary is more than Rs. 25592/-, therefore order may be passed to pay aforesaid amount.