SARITA SANKHLA (SMT.) Vs. YUDHISTAR SINGH SANKHLA

JUDGEMENT

(1.) AT the request of learned Counsel for the parties, the matter is heard finally.

(2.) THE appellant is aggrieved against the order dt. 13.04.2007 by which the appellant's petition under Section 25 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") was allowed and the grievance of the appellant is that the trial Court has granted maintenance of Rs. 2500/ - per month only to the appellant merely on the basis of an order passed in another matter under Sec. 24 of the Act of 1955 and without appreciating the entire evidence in the case at hand. It is submitted that the petition under Section 25 of the Act of 1955 is a separate and different proceeding and should have been decided uninfluenced by any order passed by any Court in any other proceeding wherein interim maintenance has been awarded.

(3.) IT appears that the appellant gave her own statement and produced her father PW2 Sohan Lal and in rebuttal the respondent gave his own statement. The appellant proved the income of the respondent by producing salary certificate of the respondent and it appears from the reasons given by the learned Family Court that the order has been passed without commenting on any evidence of the parties and the Court below has passed the order only on the basis of the order passed under Section 24 of the Act of 1955 dt. 04.07.2003.