ANUJ Vs. VARSHA & ORS

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 ('the Act') is directed against the order dated 21/7/2016 passed by the Addl. District Judge, Suratgarh District Sriganganagar, whereby,the trial court while accepting the application filed by the respondent under Section 24 of the Act has directed payment of Rs.3,000/- per month to wife and Rs.1,000/- per month to the daughter towards maintenance from the date of filing of the petition for dissolution of marriage i.e. 30/4/2016 till the date of disposal and has further ordered for payment of Rs.5,000/- towards the litigation expenses.

(2.) The petition for dissolution of marriage was filed by the respondent no.1 inter alia alleging that after demanding dowry and committing mental & physical violence with the respondent, she was turned out of the matrimonial house and based on the said plea of cruelty the dissolution of marriage was sought. Along with the petition for dissolution of marriage, an application under Section 24 of the Act was filed seeking interim maintenance and litigation expenses. It was claimed that the respondent was not doing anything and for lack of proper finance, she is not in a position to properly prosecute the petition for divorce. It was claimed that the appellant is working in a mobile shop and is earning Rs.15,000-Rs.20,000 per month and, therefore, he may be directed to pay a sum of Rs.15,000/- per month as maintenance and Rs.10,000/- towards litigation expenses.

(3.) The application was opposed by the appellant inter alia with the averments that both the parties after marriage had approached the High Court seeking police protection and therein it was indicated that family of the respondent was rich and, therefore, allegation contrary to the application was baseless. It was denied that the appellant was working in a Mobile Shop and it was also claimed that the appellant was unemployed and, therefore, application be dismissed.