ANUPAM Vs. JYOTI

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, challenge is made to the order dated 8.8.2012, whereby the court below allowed the application under Section 24 of Hindu Marriage Act, 1955 (for brevity, "HM Act").

(2.) IN a proceeding pending under section 13 of HM Act preferred by the petitioner (husband), the wife filed said application under section 24 of the HM Act (Annexure P-3). In turn, the husband filed his reply (Annexure P-4). In the application under section 24 aforesaid, it is stated that the wife is getting Rs.3875/- per month as honorarium, out of which she is required to spend Rs.1500/- on house rent, Rs.1000/- for the food of small child and remaining amount on medicines, clothing and other necessary expenses. The wife is facing great financial hardship and it is difficult for her to even afford fare to travel to the school where she is working. She, in addition to that, is required to bear expenses to contest the litigation and is required to pay huge fees to the counsel. It is stated that the husband earns about Rs.60000-70000/- per month and he can easily afford to pay Rs.5000/- per month as maintenance to the wife.

(3.) I have heard learned counsel for the parties at length.