Hon'ble Om Prakash-VII,J.
Sri S.B. Rai (Pankaj), Advocate filed his Vakalatnama today on behalf of the respondent, the same may be placed on record.
The respondent-wife is present along with her two minor daughters, aged about 9 and 8 years. The appellant could not appear in person. Both, appellant and respondent-wife married on 23.11.2004. It appears that a divorce suit, being suit no. 214 of 2011 has been filed. The respondent moved an application under Section 24 of the Hindu Marriage Act on which a sum of Rs.5,000/- has been fixed towards maintenance against which the present appeal has been filed. On 20.10.2014, the Court has directed for payment of Rs.5,000/- after the adjustment of the amount, which is being paid under Section 125 Cr.P.C. It is informed that under Section 125 Cr.P.C. the husband is paying a sum of Rs.3,000/-. The husband is not present today. Learned counsel for the respondent states that respondent is not paying any amount.
Having regard to the fact that two minor girls are being maintained by the wife, we are of the view that at least a sum of Rs.10,000/- should be fixed towards interim maintenance. We accordingly fix the maintenance at Rs.10,000/- which is payable by the appellant to the respondent in each month failing which necessary criminal and civil proceedings may be initiated against the husband. Apart from the aforesaid amount, the appellant is directed to pay a sum of Rs.5,000/- to the respondent towards cost to meet out the expenses for coming to Allahabad and contesting the case. The same shall also be paid by the next date of hearing.
List on 13.10.2014 as part heard. On that day, both the parties shall appear in person.
Order Date :- 15.9.2014 OP