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2004 Supreme(Del) 152

VIKRAMAJIT SEN
SAYALIPHATAK – Appellant
Versus
VASANT PATHAK – Respondent


Advocates Appeared:
GAURI GUPTA, PINKY ANAND, RAJIV NAYAR, TANTA SINGH

Vikramajit Sen, J.

( 1 ) THE Husband as well as Wife have assailed the Order of the Additional District Judge dated 18. 12. 2003 by which the Husband has been directed to pay Rs. 10,000/- for the maintenance of the Wife and their minor child with effect from the date of the filing of the application. The contention of learned counsel for the Husband is that this amount is too excessive whereas that of learned counsel for the Wife is that it is unrealistic keeping in view the respective earnings of the parties, the standard of living and the expenses of even the child alone.

( 2 ) ORDERS passed under Section 24 of the Hindu Marriage Act are essentially interim and interlocutory in nature and usually entail the substitution of the views of the Lower Court by those preferred by the Revisory Court. This exercise should certainly not be undertaken where the considerations are discretionary in nature. Ordinarily this Court would be slow to exercise its revisory powers especially in view of the amendments carried out in Section 115 of the Code of Civil Procedure and the authoritative pronouncements of the Hon ble Supreme Court in Shiv Shakti coop. Housing Society, Nagpur v. Swaraj Develop




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