R.L.ANAND, J. - (1.) THIS is a Civil Revision and has been directed against the order dated 17.5.1999, passed by the District Judge, Chandigarh, who awarded a sum of Rs. 4,000/- by way of maintenance pendente lite to the minor daughter namely Ms. Urmi aged about 6 years, who is presently in the custody of her mother Smt. Preeti Duggal by holding that petitioner Shri Ajay Duggal is earning Rs. 40,000/- per month.
(2.) SOME facts can be noticed in the following manner. Petition under Section 13 of the Hindu Marriage Act was filed by Smt. Preeti Duggal against her husband Shri Ajay Duggal and along with the petition she also filed an application under Section 24 of the Hindu Marriage Act in which she claimed maintenance pendente lite for herself as well as for her child. The trial Court did not grant maintenance pendente lite so far as Smt. Preeti Duggal is concerned but awarded Rs. 4,000/- per month as maintenance pendente lite to the minor daughter for the reasons given in para No. 13 of the impugned order, which are reproduced as under :- "This leaves us only with one problem of course, the daughter is living in the custody of the mother, but it is settled proportion of law that even if the mother is earning, it is the legal obligation of the father of the minor child to maintain it. It is also settled principle of law that the need of minor child in custody of its mother can also be taken into consideration while disposing of the application of the mother under Section 24 of the H.M. Act. Thereafter, in the present case the needs of minor child can also be taken into consideration while disposing of the application of the mother under Section 24 of the H.M. Act. Fortunately, the minor child is an off- spiring of affluent parents. Her father is a Chief Officer in the Merchant Navy and mother an Architect. The income of the father is Rs. 40,000/- per month. Therefore, the minor daughter is also entitled to a standard of living commensurate with that of her father. So, keeping in view of the totality of the facts and circumstances of this case, the father Ajay Duggal is directed to pay Rs. 4,000/- per month as maintenance pendente lite to his minor daughter, which amount shall be paid by him to her mother and next friend Smt. Preeti Duggal".
(3.) I have heard the learned Counsel for the parties and with their assistance have gone through the record of the case.;