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2011 Supreme(MP) 804

SANJAY YADAV
Avneesh Vyas – Appellant
Versus
Ambar Vyas – Respondent


Advocates Appeared:
Amit Singh for petitioner.

ORDER

1. Heard.

2. This petition under Article 227 of the Constitution of India is directed against the order dated 1.7.2011 passed by the Principal Judge, Family Court, Bhopal, whereby, while allowing the application under section 24 of the Hindu Marriage Act, 1955 fixed pendente lite maintenance for the respondent-wife and son to Rs. 7,000/- (Rs. 3,000/- for wife and Rs. 4,000/- for the son) and Rs. 5,000/- towards legal expenses.

3. Suit for divorce is by the petitioner. The petitioner and respondent No. I have a son aged 9 years born out of wedlock. The son lives with the wife who earns her livehood by teaching in school where she earns Rs. 7,577/- per month. The son studies in Class-IV. The petitioner on the other hand is a Placement Officer in Devi Ahliya Bai Vishvavidyalaya, Indore, and earns Rs. 15,876/-.

4. Respondent filed an application under section 24 of the Hindu Marriage Act, 1955 for maintenance pendente lite claiming Rs. 25,000/- per month.

5. The trial Court after considering the entire facts held that Rs. 7,000/- i.e., Rs. 3,000/- for the wife and Rs. 4,000/- for the son per month would be sufficient to meet out the monthly maintenance expenses. The trial Court also g


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