- (1.) HEARD learned counsel for the parties on the application for grant of maintenance pendente lite.
(2.) THE appellant -husband has filed the present appeal against the judgment and decree dated 05.9.2011 passed by the learned Additional District Judge (Ad hoc), Fast Track Court -II, Hoshiarpur in terms of which the petition under Section 13 of the Hindu Marriage Act, 1955 ('Act' for short) filed by the appellant has been dismissed.
(3.) NOTICE in the appeal was issued by this Court on 23.9.2011. After notice, the respondent -wife has filed the present application on 10.2.2012 for grant of maintenance pendente lite. It is submitted on behalf of the respondent -wife that in the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the learned Judicial Magistrate Ist Class vide order dated 31.3.2008 directed the appellant -husband to pay Rs.5000/ - per month for maintenance and also directed him to make arrangement for accommodation of the respondent -wife and if he was unable to make alternative arrangement of accommodation for the respondent -wife, then he was to pay Rs.2000/ - per month in addition to Rs.5000/ -. The order of the learned Magistrate was assailed in this Court by way of criminal misc. application No.11014 -M of 2008 and by order dated 2.5.2008, it was ordered that if the appellant -husband continued to pay Rs.2000/ - per month to the respondent -wife, operation of the impugned order dated 31.3.2008 shall remain stayed. The said amount of Rs.2000/ - is admittedly being paid. The matter was also referred to the Mediation and Conciliation Centre. However, the mediation proceedings remained unsuccessful. The appellant -husband is stated to be running a chemist shop at Hoshiarpur and also doing dairy farming. His monthly income is stated to be approximately Rs.45,000/ -. The respondentwife filed a petition for custody of the minor child and also an application for interim custody. In the reply (Annexure A1) to the said application, the appellant -husband stated that the respondentwife was not having any source of income while he was working in a chemist shop and also doing business of dairy farming. It is further stated by the respondent -wife that she is going for regular check -up to Mohan Dai Oswal Cancer Treatment and Research Foundation and her expense for her latest check -up on 20.1.2012 was Rs.1890/ -; besides, Rs.534.60 paisa for medicines. Copy of the expenses incurred is attached as Annexure R2. The appellant -husband in his reply has submitted that in terms of order dated 2.5.2008 passed by this Court in criminal misc. No.11014 -M of 2008, maintenance of Rs.2000/ - per month has been fixed for the respondent -wife. It is also stated that an amount of Rs.2.00 lacs by bank draft has been paid to the respondent -wife in lieu of dowry articles in terms of order dated 21.3.2009 passed by this Court in CRM No. M -6916 of 2008. It is denied that income of the appellant -husband is Rs.45,000/ - per month. It is submitted that Rs.2000/ - having been fixed by this Court, no further maintenance is liable to be paid. We have given our thoughtful consideration to the matter. The marriage between the parties was solemnized at Hoshiarpur according to Hindu rites and ceremonies on 2.12.2005. The parties cohabited and lived together as husband and wife at Hoshiarpur. They had a son namely Tavish from the marriage. The appellant -husband on 26.11.2007/2.12.2010 filed a petition seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty. The petition of the appellanthusband has been dismissed and aggrieved against the same, he has filed the present appeal.;