JUDGMENT :

A.S. Chandurkar, J.

1. Both the writ petitions are heard finally by issuing RULE.

2. A challenge has been raised to the order dated 18.07.2016 passed by the trial Court on an application filed under Section 24 of the Hindu Marriage Act, 1955 seeking grant of maintenance pendente lite.

3. The petitioner and the respondent were married on 26.05.1991. From that marriage, they have two daughters and one son. The eldest daughter is now stated to have been married. The younger daughter and the son are stated to be pursuing their education at Nagpur. The petitioner in Writ Petition No. 2026 of 2018 is employed as the Primary School Teacher with Panchayat Samiti, Warora. She is receiving total income of Rs. 44,955/- and net income of Rs. 28,335/-. The respondent in the said writ petition is stated to be an agriculturist who is cultivating land to the extent of 5 Hectare 46 R and is also running a Krishi Sewa Kendra. According to the petitioner, the respondent is earning an amount of Rupees Ten Lakhs annually. During pendency of the proceedings for divorce filed by the respondent-Husband, the petitioner on 07.01.2016 filed an application for grant of maintenance pendente lite. She claimed an amount of Rs. 5,000/- each for the children and litigation expenses of Rs. 25,000/-. According to her, the children were residing with her and she was spending amounts towards their education. Reply was filed by the husband opposing the said application. It was stated that as the petitioner was earning Rs. 28,335/- per month, she was not entitled for any interim maintenance. The trial Court by its order dated 18.07.2016 recorded a prima-facie finding that the salary of the petitioner was not sufficient to take care of her maintenance as she was incurring expenses towards education and maintenance of the college going children. The trial Court therefore awarded a sum of Rs. 2,500/- per month as interim maintenance. The wife not being satisfied with the quantum of maintenance has filed Writ Petition No. 2026 of 2018 while the husband who is also aggrieved by the aforesaid order has challenged the same by filing Writ Petition No. 6338 of 2016.

4. Shri H.V. Thakur, learned counsel for the wife submitted that though the petitioner was engaged as a Primary School Teacher and was getting net salary of Rs. 28,335/-, the same was insufficient to maintain herself and her children. He stated that the eldest daughter has been married while the other two children are pursuing their education at Nagpur. He referred to the affidavit filed on behalf of the wife alongwith details of the expenses incurred towards the education of the children. He further submitted that since the husband was owning substantial agricultural land and was also running a Krishi Sewa Kendra, he ought to be directed to pay higher amount of maintenance. It was thus submitted that the impugned order deserves to be suitably modified.

5. On the other hand, Shri A.A. Dhavas, learned counsel for the husband challenged the impugned order on the ground that as the wife was employed as a Primary School Teacher and was receiving regular salary, there was no reason to direct the husband to pay maintenance. The wife was not entitled to rely upon the provisions of Section 24 of the said Act to seek interim maintenance. He further submitted that from the income tax returns of the husband, it was clear that the figures stated by the wife were exaggerated and he was not receiving the amount of income as stated by her. He therefore submitted that the impugned order was liable to be set aside.

6. I have heard the learned counsel for the parties at length and I have perused the documents placed on record. The adjudication at present is at an interlocutory stage and the question to be considered is grant of maintenance pendente lite. Insofar as the wife is concerned, the salary certificate placed on record indicates that she is earning net income of Rs. 28,335/-. it is not in dispute that the eldest daugh