- (1.) This writ petition is directed against order dated 1.5.13 passed by the Family Court, Bikaner, whereby an application preferred by the petitioner-Smt. Poonam Sharma u/s 24 & 26 of the Hindu Marriage Act, 1955( in short "the Act") claiming maintenance pendente lite for herself and her minor son-Mayank as also the litigation expenses, stands rejected.
(2.) Learned counsel appearing for the petitioner contended that the Family Court has failed to consider the provisions of Section 24 & 26 of the Act in correct perspective. It is submitted that the finding recorded by the Family Court regarding the petitioner's source of income is ex facie erroneous. Learned counsel submitted that in terms of the provisions of Section 24 of the Act merely because, the wife is employed somewhere, she cannot be denied maintenance altogether. Learned counsel urged that while rejecting the application, the Family Court has ignored the fact that the petitioner was employed as Assistant Professor in Manda Institute of Technology only during the period from 23.3.10 to 31.5.11. Learned counsel urged that the Family Court has ignored the entitlement of the maintenance for the minor child in terms of provisions of Section 26 of the Act. Learned counsel submitted that no reasons have been assigned by the Family Court as to why the petitioner is not entitled to claim maintenance for her minor child.
(3.) On the other hand, the counsel appearing for the respondent submitted that the petitioner-Smt. Poonam Sharma, being employed as Assistant Professor has sufficient source of income to maintain herself and her child and therefore, the Family Court has committed no error in rejecting the application preferred by the petitioner. Learned counsel submitted that in terms of provisions of Section 24, the spouse is entitled to claim maintenance from other spouse only if she has no sufficient source of income to maintain herself. Learned counsel submitted that the petitioner is already getting the maintenance pursuant to the order passed in proceedings under Section 125 Cr.P.C.;