MONICA MALIK Vs. AMIT MALIK

JUDGEMENT

(1.) The appellant is aggrieved by an order of the Family Court made on her application seeking maintenance pendent lite under Section 24 of the Hindu Marriage Act, 1956 (hereinafter "HMA"). The impugned order held that the appellant was not entitled to maintenance, and at the same time it directed her to bear the expenses of the two children who are living with her to the extent of 40% for each child (i.e., Rs. 12,000/- of the total sum of Rs. 30,000/-, the balance payable by the respondent husband).

(2.) The parties to these proceedings hereafter referred by their marital status (the appellant as "the wife" and the respondent as "the husband") got married on 1.9.1992. The couple have two children, a daughter (Chavi, born on 5.2.1997) and a son (Sagar, born on 11.6.1993). The wife alleges that with a view to harass and torture her and the children, the husband abandoned them on 12.8.2009, and later initiated proceedings under Section 9 of the HMA for restitution of conjugal rights. During pendency of that petition, the wife moved the Court for maintenance pendent lite under Section 24 to the tune of Rs. 1,00,000/- per month. In support of the application, she filed an additional affidavit on 11.1.2011.

(3.) The husband resisted the application and alleged that the wife had sufficient means and enjoyed a monthly rental income of Rs. 10,000/- and paid Rs. 1,00,000/- towards the insurance premiums annually. He also stated that the wife had a monthly income of Rs. 65,000/- from various sources.