JUDGMENT : 1. This is a matrimonial matter between wife and husband wherein the appellant wife has suffered decree for divorce. It is this decree which is under challenge in this appeal at the instance of the wife u/s.19 of the Family Courts Act. 2. Admittedly, no pendente lite maintenance is being paid by the respondent- husband to the wife nor any application appears to have been made by the wife in these proceedings. Though, appeal is pending since 2010. 3. We have perused the record and also taken note of the evidence adduced by the parties with a view to find out as to what reasonable amount of pendente lite maintenance can be paid to the wife during pendency of these proceedings for her sustenance without going into the technicalities of making application u/s.24 by her and then to pass orders on such application. Our powers u/s.24 of the Hindu Marriage Act enables us to pass on the basis of the evidence adduced in the proceedings out of which this appeal arises. Even though, no application is made in that behalf by wife. 4. We have made this endeavour and accordingly fix the pendente lite maintenance payable to the wife by the husband during pendency of this appeal. 5. It has come in evidence that the husband is employed in one private Company and his monthly income is ranging between Rs. 10,000/- to Rs. 20,000/-. It has also come in evidence that the respondent-husband owes some immovable property. 6. Without much appreciating the evidence as is required to be done while hearing the appeal and prima facie taking into account all facts and circumstances of the case, i.e. status of the husband, his monthly income etc., and inability of wife to maintain herself, we direct the respondent-husband to pay to wife Rs. 5,000/- per month towards maintenance for her sustenance and livelihood. We also direct that the respondent- husband shall pay an amount of Rs. 5,000/- towards litigation expenses enabling the appellant-wife to prosecute these appeals. This amount towards litigation expenses shall also be paid to the wife. 7. The liability to pay Rs. 5,000/- shall be from January, 2012 onwards and it will be paid in the first week of every month.
5,000/- towards litigation expenses enabling the appellant-wife to prosecute these appeals. This amount towards litigation expenses shall also be paid to the wife. 7. The liability to pay Rs. 5,000/- shall be from January, 2012 onwards and it will be paid in the first week of every month. The respondent shall pay this amount either in cash or if the wife has bank account then it will be deposited in her bank account, as the case may be. Any default made by the husband shall be viewed seriously and will be taken as non-compliance of the Court's order. 8. Let the amount for the month of January and February i.e. Rs. 10,000/- + Rs. 5,000/ - towards expenses i.e. total Rs. 15,000/- be paid within one week from today and thereafter, the liability will be every month falling in the first week of every month. List after a month for further orders, along with CMA No. 3123/2010. Order accordingly.