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2022 Supreme(HP) 716

SATYEN VAIDYA
Tarlochan Singh – Appellant
Versus
Mohinder Kaur – Respondent


Advocates Appeared:
For the Petitioner: Ms. Shrutika.
For the Respondent: Ms. Devyani Sharma.

JUDGMENT :

(Satyen Vaidya, J.)

1. Petitioner has taken exception to order dated 23.11.2021, passed by learned Additional Principal Judge(1), Family Court, Una, H.P., in H.M.A. No. 306 of 2021 in H.M.A. Petition No. 30/2021, whereby petitioner has been ordered to pay maintenance pendente lite to the respondent @ Rs. 5,000/-per month besides payment of litigation expenses @ Rs. 12,000/-

2. Respondent has filed a petition against petitioner for a decree of divorce, on the ground of cruelty, which is pending adjudication before learned Additional Principal Judge (1), Family Court, Una, H.P. as H.M.A. Petition No. 30/2021.

3. Respondent filed an application under Section 24 of the Hindu Marriage Act in the aforesaid proceedings for grant of maintenance pendente lite. She averred that the petitioner was owner of a Dhaba and was earning more than Rs. 80,000/- per month, but had not been providing any maintenance to respondent. It was further submitted that the respondent was unable to maintain herself as well as her children. She had to depend upon her poor parents for survival. Respondent had no independent source of income. Accordingly, maintenance pendente lite @ Rs. 20,000 was claimed.

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