BEENAM BALIYAN Vs. PRABHAT KUMAR

JUDGEMENT

(1.) WIFE Beenam Baliyan has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India assailing order dated 23.5.2013 (Annexure P/5) passed by the matrimonial court thereby allowing application Annexure P/3 filed by respondent -husband Prabhat Kumar under section 24 of the Hindu Marriage Act, 1955 (in short, the Act) and thereby directing petitioner -wife, who has filed divorce petition under section 13 of the Act against the respondent -husband, to pay Rs. 5000/ - per month as maintenance pendente lite and Rs. 5500/ - as litigation expenses to the respondent. I have heard counsel for the parties and perused the case file.

(2.) COUNSEL for the petitioner contended that the respondent -husband is able bodied person and therefore, it cannot be said that he is unable to maintain himself and consequently, he is not entitled to maintenance pendente lite and litigation expenses from the petitioner -wife.

(3.) I have carefully considered the matter. It is undisputed that the respondent is able bodied person. Consequently, it cannot be said that he is unable to maintain himself. He was earlier in a private job and was maintaining himself. There is no material on record to depict that he lost his job due to litigation. There is nothing on record to depict as to why he is no longer in the said job except bare averment of the respondent himself that he lost the job due to litigation. Moreover, even if the respondent works as casual unskilled labourer, he can earn enough to make his both ends meet and to maintain himself. It is correct that the petitioner -wife is Research Fellow in National Dairy Research Institute and is getting Rs. 17,600/ - per month as stipend. However, it cannot be said that the respondent is unable to maintain himself. Consequently, the respondent is not entitled to seek maintenance pendente lite from the petitioner wife.