The duty of the court to exercise discretion in awarding maintenance to ensure the dependent spouse is not reduced to destitution, and the special right bestowed on the disadvantaged spouse to claim maintenance and expenses during the pendency of proceedings, irrespective of the result of the main relief under Section 13 of the Act, 1955.

JUDGMENT :

Om Prakash Shukla, J.

1. Heard Shri Shikhar Chaube, learned Counsel representing the appellant. Having regard to the averments made in the application seeking deletion of respondent no.1 from the array of the parties, application is allowed

2. Let the name of respondent no.1 be deleted from the array of the parties and respondent no.2 be renumbered as respondent no.1. Necessary corrections in the memo of appeal shall be incorporated by learned Counsel for the appellant during course of the day.

Order on Appeal

3. Through the instant First Appeal under Section 19 (1) of Family Courts Act, 1984, the appellant/husband, Vikram Chaturvedi, has challenged the order dated 06.02.2023 passed by the learned Principal Judge, Family Court, Sultanpur, whereby application filed by respondent no.1/wife (Smt. Priyanka alias Roli) under Section 24 of Hindu Marriage Act, 1955 in Regular Suit No. 884 of 2021 : Vikram Chaturvedi Vs. Smt. Priyanka Chaturvedi, under Section 13 of Hindu Marriage Act, 1955, has been allowed and she has been awarded lump sum amount of Rs.2000/-towards expenses for filing written statement and Rs. 3000/-per month towards travel expenses, litigation expenses and interim maintenance till disposal of the suit under Section 13 of Hindu Marriage Act, 1955.

4. The brief facts of the case culled out from the record available before us are that the appellant/husband has filed a suit, numbered as Regular Suit No. 884 of 2021, seeking divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act, 1955’ for the sake of brevity). In the aforesaid suit, the respondent no.1/wife filed an application under Section 24 of the Act, 1955, wherein she pleaded that her marriage was solemnized with the appellant on 01.12.2020 according to Hindu rites and rituals; on 30.08.2021, the appellant and his family members have turned her out of her matrimonial home and have deserted her and after having been turned out of her matrimonial home, she is residing with her parents. Respondent no.1/wife further pleaded that her husband (appellant) is working in a Limited Company at New Delhi, from which he earns Rs.50,000/-as salary and in addition to that, he also has an additional agriculture income of Rs.20,000/-. Respondent no.1/wife has further pleaded that she does not have any source of income nor has she any skill by which she can maintain herself. In this backdrop, the respondent no.1/wife prayed to award Rs.5000/-towards expenses for filing written statement and Rs. 5000/-per month towards fee of Advocate and legal expenses etc.

5. The appellant filed objection against the aforesaid application under Section 24 of the Act, 1955, wherein he admitted the fact that the respondent no.1 is his wife. The appellant has further stated in his objection that during the stay at the parental house, the parents of respondent no.1/wife got her married to Sunil Kumar Tiwari alias Guddu Tiwari, son of late Ram Sakal Tiwari, resident of Arisiya, hamlet of Sanvardhir, Police Station Haiderganj, District Ayodhya and on coming to know about the second marriage, it has been stated by the appellant that he has filed a complaint case under Section 190 of the Code of Criminal Procedure, 1973, bearing Criminal Case No. 557 of 2022 : Vikram Vs. Priyanka and others, under Sections 494, 504, 506 I.P.C. before the Additional Chief Judicial Magistrate, Court No.18, Police Station Lambhua, District Sultanpur. Appellant has also stated that presently, his wife/respondent no.1 is pregnant of about five months. Appellant has also enclosed a photograph of his wife/respondent no.1 along with the said Sunil Kumar in his objection. In this background, appellant has prayed for rejection of the application filed by his wife/respondent no.1 under Section 24 of the Act, 1955.

6. Apparently, vide an order dated 06.02.2023, the learned Principal Judge, Family Court, Sultanpur, has allowed the application under Section 24 of the Act, 1955 of the respondent n