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2016 DIGILAW 1578 (RAJ)

Radhey Shyam v. Sushila

2016-11-07

G.R.MOOLCHANDANI, GOPAL KRISHAN VYAS

body2016
JUDGMENT : 1. In this Civil Misc. Appeal No. 125/2016 filed by the appellant Radhey Shyam (husband) against the respondent Smt. Sushila (wife), the appellant is challenging the judgment dated 17.12.2015 whereby the learned Family Court, Bhilwara rejected the application for grant of divorce filed under Section 13 of the Hindu Marriage Act by the appellant and allowed the application filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights by the respondent (wife) and directed the appellant to restore the restitution of conjugal rights within one month from the date of judgment which is 17.12.2015. 2. Learned counsel for the respondent-applicant filed an application under Section 24 of the Hindu Marriage Act and prayed that appellant (husband) may kindly be directed to pay a sum of Rs. 7,000/- per month to the applicant-wife for maintaining herself and her minor son, so also, pay a sum of Rs. 35,000/- as cost of instant litigation and travelling expenses to attend the court. 3. Learned counsel for the applicant submitted the pay certificate of the appellant and submits that his salary is more than Rs. 25592/- therefore order may be passed to pay aforesaid amount. 4. Learned counsel for the appellant submits that the respondent wife herself is earning, therefore, she is not entitled for any maintenance or expenses for litigation. 5. After considering the facts, so also, the judgment under challenge dated 17.12.2015, we are of the opinion that on the one hand the appellant is not obeying the order passed by the Family Court under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and on the other hand, he has filed this appeal against the judgment. 6. In view of the above, we deemed it appropriate to allow the application filed under Section 24 of the Hindu Marriage Act for the purpose of granting maintenance and expenses for litigation. 7. Consequently, the application is allowed. The appellant is directed to pay Rs. 10,000/- as litigation expenses to the respondent wife and Rs. 7,000/- per month to the respondent wife to maintain herself and her minor son w.e.f. the month of May, 2016, the day on which, the respondent appeared before this Court to contest this appeal.