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2017 Supreme(P&H) 2127

M.M.S.BEDI, AUGUSTINE GEORGE MASIH
Sambit Mallick – Appellant
Versus
Leena Mallick – Respondent


Advocates:
For the Petitioner:Mr. Ajaivir Singh, Advocate.
For the Respondent:Mr. Animesh Sharma, Advocate.

JUDGMENT

Mr. Augustine George Masih:- The appellant-husband has filed this appeal against the order passed by the lower Court declining the decree of divorce to him against the respondent-wife. The appeal was filed in the year 2010.

2. During pendency of the said appeal, application under Section 24 of the Hindu Marriage Act was filed by respondent-wife on 21.09.2015 for grant of maintenance pendente lite at the rate of Rs.50,000/- per month claiming that the applicant/respondent-wife is maintaining minor child born out of the wedlock who is studying in a reputed school i.e. Scottish High International School, Gurgaon where the school fee is about Rs.21,000/- per month. It has been averred by the applicant/respondent-wife that during pendency of the divorce petition before the lower Court, she had filed an application under Section 24 of the Hindu Marriage Act and had also claimed maintenance under the Protection of Women from Domestic Violence Act, 2005 wherein a sum of Rs.7,000/- was awarded to the applicant/respondent-wife and Rs.3,000/- was awarded to the minor child. The said amount was enhanced to total of Rs.15,000/- per month for applicant/respondent-wife and Rs.5,000/- for




















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