Mohammad Rafiq, J. - (1.) Challenge in the instant civil misc. appeal has been made to the order dated 20.01.2015 whereby the learned Judge, Family Court, Alwar (Rajasthan) dismissed the application filed by the appellant under section 24 of the Hindu Marriage Act, 1955.
(2.) Learned counsel appearing for the appellant has contended that the learned Family Court while passing the impugned order has erred in not considering the facts that the appellant is having two children; one boy Khush Vyas, aged 9 years and another girl Kashish @ Mamta aged 11 years and both are living with the present appellant. The boy Khush Vyas is studying in VIIth standard and the girl Kashish @ Mamta is studying in VIth standard. The appellant is having no source of income as she is living separately from her husband (respondent herein). The respondent (husband) is working on the post of LDC in the Court and getting Rs. 25,000/-p.m. as salary. There is every likelihood that hearing of the divorce petition may take considerable time. Learned counsel further contended that in the case of Virendra Kumar v. Smt. Santosh Devi, AIR 1988 Raj. 128, it has been observed that "earlier decision under section 125 Cr.P.C , 1973is no bar in deciding application under section 24 of the Hindu Marriage Act, 1955". Learned counsel also contended that merely because husband denied factum of marriage, right of wife to get maintenance pendent lite does not come to an end till the main proceeding is finally decided. Thus, the appellant be granted total Rs. 20,000/- p.m. as maintenance (Rs.10,000/- per month for her maintenance, Rs. 5,000/- p.m. for study of both the children, Rs. Rs. 5,000/- p.m. for the welfare of both the children) and Rs. 500/- to the appellant as travel expenses for attending each hearing of the court proceedings.
(3.) Learned counsel for the respondent (husband) vociferously opposed the appeal and submitted that the salary of the respondent is hardly Rs. 25,000/- p.m. and with regard of monthly income of the respondent (husband), produced the salary slip.;