Ramesh Kumar Leekha vs Raj Kumari

G.R. Majithia, J.—This revision petition is directed against the order of the Matrimonial Court fixing maintenance pendente lite at the rate of Rs. 1,000/- per mensem for the respondent-wife. Facts first :-

The wife got ex parte decree for divorce against the husband on January 21, 1989. Prior thereto, she moved an application u/s 125, Criminal Procedure Code, for fixation of monthly maintenance allowance. She was allowed maintenance allowance @ Rs. 400/- per mensem by Shri J.D. Chandna, Judicial Magistrate Ist Class, Chandigarh vide order dated March 13 1987. Thereafter, the wife filed a petition u/s 25 of the Hindu Marriage Act, 1955 (for short, the Act) for fixation of permanent alimony. During the pendency of the petition, she moved an application u/s 24 of the Act for grant of interim maintenance. The Matrimonial Court awarded monthly maintenance allowance @ Rs. 1000/-, from the date of her application till final decision of her petition u/s 25 of the Act and Rs. 2000/- as litigation expenses, but clarified that for the overlapping period, maintenance pendente lite would be inclusive of the amount of Rs. 400/- fixed u/s 125 of the Code of Criminal Procedure. Dissatisfied with the order of the Matrimonial Court, the husband has come up in revision petition to this Court.

Undisputably, from the wedlock the couple had a son and a daughter. Both of them are living with the husband and are being maintained by him. The husband is a Medical Officer getting a salary @ Rs. 5000/- per mensem as determined by the Matrimonial Court. The maintenance pendente lite @ Rs. 1000/- fixed by the Matrimonial Court appears to be excessive. The The Matrimonial Court did not take into consideration the fact that the progenies from the wedlock were being maintained by the husband. It is not disputed that the progenies are being educated in Public School and the husband has to incur expenditure on the maintenance of the children. Under these circumstances, it will meet the ends of justice if the husband is directed to pay the interim maintenance at the rate of Rs. 750/- per mensem till the final disposal of the petition u/s 25 of the Act. The husband will deduct the maintenance allowance @ Rs. 400/- per mensem payable under the orders of the Judicial Magistrate u/s 125, Criminal Procedure Code. This order will be effective from the date of filing the application u/s 24 of the Act moved by the wife. The order is consequently modified as indicated above.

The revision petition is accordingly disposed of.