Anil Kumar Mishra vs Sabina

Rajan Gupta, J.—Present revision petition is directed against the order dated 8.8.2013, passed by the court below, whereby maintenance pendente lite @ Rs. 7000/- per month and litigation expenses of Rs. 10,000/- has been granted to the respondent wife. Learned counsel for the petitioner has assailed the order. According to him, business of the petitioner is in losses. The maintenance granted is on the higher side. This apart, respondent herself is earning hand. All these facts have not been taken into consideration by the court below.

I have heard learned counsel for the petitioner and given careful thought to the facts of the case.

It appears that petitioner and respondent were married according to Hindu religious rites on 6.7.2008. After marriage both the parties cohabited at Pune. However, no child was born out of the wedlock. A matrimonial dispute having arisen, respondent wife instituted divorce petition. An application u/s 24 of the Hindu Marriage Act was also moved. She alleged that petitioner was running company in the name of ABC Distributing System Pvt. Ltd. Being its Director, he was earning more than Rs. 60,000/- per month. This assertion was contested by the petitioner. He alleged that petitioner was earning about Rs. 15,000/20,000/- per month and was able to maintain herself. After considering rival contentions, court found that it could be safely concluded that husband was earning at least Rs. 20,000/25,000/- per month. As a result, Rs. 7000/- was granted as maintenance pendente lite. I find no infirmity with the impugned order. There is no scope for interference in revisional jurisdiction. Dismissed.