VINOD K.SHARMA,J - (1.) - C.M. No. 44-M of 2005 This is an application under Section 24 of the Hindu Marriage Act, for grant of litigation expenses to the applicant-respondent for defending the civil revision petition.
(2.) THE applicant-respondent is granted Rs. 3,300/- as litigation expenses for defending the civil revision petition. C.M. stands disposed of. Civil Revision No. 1558 of 2005 The present revision petition has been filed against the order dated 28.2.2005 passed by the learned Additional District and Sessions Judge, Ambala, granting maintenance pendente lite @ Rs. 5,000/- per month and litigation expenses @ Rs. 3,300/-. Learned counsel for the petitioner contends that the maintenance granted is on the higher side as the petitioner is earning Rs. 5,000/- to Rs. 6,000/- a month. It is next contended by the learned counsel for the petitioner that the wife was living with her parents and she has been maintaining herself since she has deserted the petitioner in 2002 and, therefore, it can be presumed that she has an independent source of income.
(3.) I have considered the arguments advanced by the learned counsel for the petitioner. No evidence was placed on record by the petitioner to show what was the actual income of the petitioner as an agent. However, the affidavit filed by the petitioner was not believed in view of the visiting card produced on record of the court showing that the petitioner besides maintaining Mobile phone had a land line connection and E-Mail address etc. which shows that he is man of means and the learned trial Court came to the conclusion that his income cannot less than 15,000/- out of which 5,000/- has been granted to the wife and three minor children which cannot be said to be excessive which may call for interference by this Court. The petition is dismissed. Petition dismissed.;