GHEWAR RAM Vs. GUDDI

JUDGEMENT

(1.) This appeal is filed by the appellant assailing the legality of the order dated 15.4.19 passed by the Family Court No.1, Jodhpur in Civil Original Case No.20/17, 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. The appellant has been directed to pay maintenance pendente lite a sum of Rs.5,000/- per month to the respondent.

(2.) The appellant filed a petition against the respondent 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 from the appellant a sum of Rs.15,000/- per month, Rs.5,000/- towards house rent, Rs.25,000/- towards litigation expenses and Rs.1,000/- towards 'to and fro' expenses to attend each date of hearing. The respondent averred in the application that she has no source of income whereas, the appellant is having 25 bighas irrigated land and 195 bighas other agriculture land, wherefrom he is earning Rs.5 lacs and Rs.40-45 lacs per annum respectively.

(3.) After due consideration of the rival submissions, the Family Court determined the maintenance pendente lite payable by the appellant to the respondent as Rs.5,000/- per month.