SMT POOJA SAXENA Vs. VIVEK MATHUR

JUDGEMENT

(1.) The writ petition comes up against the order passed by the Family Court under Section 24 of the Hindu Marriage Act granting maintenance to the petitioner wife of Rs.10,000/- per month vide order dated 4.1.2016.

(2.) The case of the petitioner is that she moved an application under Section 24 of the Hindu Marriage Act, 1955, in the petition filed by the husband for seeking divorce on 30.9.2014 claiming maintenance pendente lite. The amount of Rs.3 Lakhs per month was demanded, as it is her case that the respondent is drawing more than Rs. 3 Lakhs per month. It is her submission that she is living alone with her son aged seven years, who is suffering from congenital heart disease. The amount granted by the Family Court is to meager and has been ordered to be paid only from the date of order and not from the date of application. On both the counts, the order deserves to be modified.

(3.) It is submitted that the husband of the petitioner ousted her from her matrimonial home where she was living even during the pendency of the divorce petition till 9.12.2014 and since then, she is living with her mother, who is getting family pension. She admits that she is a qualified doctor in Preventive Medicine but she is not earning and not doing practice.