ASWANI KUMAR Vs. SHALU SHARMA
LAWS(HPH)-2021-4-2
HIGH COURT OF HIMACHAL PRADESH
Decided on April 23,2021

Aswani Kumar Appellant
VERSUS
SHALU SHARMA Respondents

JUDGEMENT

JYOTSNA REWAL DUA, J. - (1.) In an application filed by the respondent-wife under Section 24 of the Hindu Marriage Act, the learned Additional District Judge (II), Kangra at Dharamshala vide order dated 8.1.2016 has allowed her maintenance pendente lite of Rs. 2000/- per month from the date of filing of the application (9.10.2015) till the disposal of the main petition alongwith litigation expenses of Rs. 10,000/-. The husband has challenged this order in respect of the grant of Rs. 2000/- as maintenance pendente lite.
(2.) Divorce proceedings were initiated by the petitioner husband against the respondent-wife under Section 13 of Hindu Marriage Act. The respondent filed an application under Section 24 of the Hindu Marriage Act seeking maintenance on the ground that she has no source of income to maintain herself and to bear the litigation expenses. It was also submitted that she alongwith couple's child were residing in the house of her parents and were petitioner dependent upon them for sustenance denied his whereas petitioner was working in a Company and earning Rs. 20,000/- per month. The liability to pay any maintenance amount to the respondent on the count that she was a post graduate lady, capable of maintaining herself. It was also submitted that a maintenance amount of Rs. 2500/- had already been awarded in her favour by the learned Additional Chief Judicial Magistrate, Dehra vide order dated 21.2.2015 in a petition under Section 12 of Protection of Women from Domestic Violence Act. It was thus pleaded that the respondent-wife can easily maintain herself and was not entitled for maintenance pendente lite.
(3.) After considering the respective contentions of the parties, learned Court below awarded Rs. 2000/- per month as maintenance pendente lite to the respondent-wife from the date of filing of the petition. Aggrieved, the husband has filed the instant petition under Article 227 of the Constitution of India.;


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