SURENDRA SINGH TANWAR Vs. HEEMANI PUROHIT

JUDGEMENT

(1.) This appeal is filed by the appellant assailing the legality of the order dated 1.8.19 passed by the Family Court, Churu in Divorce Petition No.64/17, whereby an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") has been allowed and the appellant has been directed to pay maintenance pendente lite a sum of Rs.3,000/- per month each to the respondent and her two children.

(2.) The respondent filed a petition against the appellant seeking divorce under the provisions of Section 13 of the Act of 1955. During the pendency of the petition, the respondent filed an application under Section 24 of the Act of 1955, claiming maintenance pendente lite a sum of Rs.10,000/- per month from the appellant for herself and her two children.

(3.) The respondent averred in the application that she has no source of income, whereas the appellant who is an Ayurvedic doctor holding the qualification of BAMS, is earning Rs.50,000/- per month. It was averred that appellant has deserted the respondent and therefore, she is residing with her parents. The respondent having no source of income, is not in position to maintain the two children. The respondent, who herself is also an Ayurvedic doctor, averred that presently, she is pursuing her studies of Post Graduation in a private college and not even earning the stipend whereas, the appellant herein is running his own clinic at Indore.