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2014 Supreme(MP) 492

PRAKASH SHRIVASTAVA
Vihang Salgat – Appellant
Versus
Nidhi Bule – Respondent


Advocates:
P. Maheshwari for petitioner; R. D. Sonwane for respondent.

ORDER

1. Heard finally with consent.

2. This writ petition under Article 227 of the Constitution is at the instance of the applicant husband challenging the order of the Family Court dated 20.12.2013 whereby the Family Court while allowing the respondent's application under section 24 of the Hindu Marriage Act has awarded the interim maintenance and the litigation expenses.

3. In a suit for divorce filed under section 13 of the Hindu Marriage Act, the application for interim maintenance under section 24 of the Act was filed by the respondent wife and the Family Court has allowed the said application by order dated 20.12.2013 and directed the petitioner to pay a sum of Rs.5,000/- per month as interim maintenance to the respondent till the disposal of the suit and further directed payment of lumpsum litigation expenses of Rs.5,000/- in two installments.

4. Learned counsel for petitioner submits that the respondent is the National level athlete and is employed as Junior T. C. in the Railways having independent source of sufficient income, therefore, the Family Court has committed an error in awarding the interim maintenance without considering the income of the respondent.

5. Learned co






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